10Matters that are not part of ONI’s functions

10 Matters that are not part of ONI’s functions

(1) The Director‑General must ensure that ONI performs its functions in ways that do not inappropriately impact on, or encroach on the functions, powers and responsibilities of: (a) an intelligence agency; or (b) an agency with an intelligence role or function; or (c) a Department in relation to an intelligence agency or agency with an intelligence role or function in the same portfolio as the Department; or (d) a person who holds any office or appointment under a law of the Commonwealth, being an office or appointment that relates to an agency within the national intelligence community or the national intelligence community more generally.

Note: The Director‑General must also take all reasonable steps to ensure that ONI is kept free from any influences or considerations not relevant to its functions and that nothing is done that might lend colour to any suggestion that ONI is concerned to further or protect the interests of any particular section of the community: see section 19.

(2) In particular, ONI’s functions do not include the following: (a) directing an intelligence agency or an agency with an intelligence role or function to: (i) carry out operational activities; or (ii) allocate resources, or use particular methods, when carrying out such operational activities; (b) conducting inquiries into individual complaints about the activities of: (i) an intelligence agency; or (ii) an agency with an intelligence role or function; (c) directing the content of, or conclusions reached in, any intelligence communicated, or any advice given or assessments or reports prepared, by: (i) an intelligence agency; or (ii) an agency with an intelligence role or function; (d) inquiring into the legality, propriety or integrity of activities undertaken by: (i) an intelligence agency; or (ii) an agency with an intelligence role or function. (2A) Paragraphs (2)(b) and (d) do not prevent ONI from performing its function under paragraph 7(1)(ba). (3) To avoid doubt, the reference to directing in paragraphs (2)(a) and (c) is not limited to directions given by the Director‑General under section 20.