14Cooperation with intelligence agencies etc. in connection with performance of their functions

14 Cooperation with intelligence agencies etc. in connection with performance of their functions

(1) ONI may cooperate with and assist: (a) an intelligence agency in the performance of its functions; and (b) an agency with an intelligence role or function in the performance of that intelligence role or function; and (c) any of the following kinds of bodies prescribed by the general rules for the purposes of this paragraph: (i) a Commonwealth authority; (ii) a State authority. (2) However, ONI may only do so: (a) subject to any arrangements made or directions given by the Prime Minister; and (b) on request by the head (however described) of the agency or body referred to in subsection (1).

Note: The Inspector‑General of Intelligence and Security has oversight powers in relation to Ministerial directions and authorisations given under this Act. See in particular section 32B of the Inspector‑General of Intelligence and Security Act 1986 (which requires the Minister to give a copy of a direction under this section to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given).

(3) Without limiting subsection (1), in cooperating with and assisting an agency or body in accordance with this section, ONI may make the services of staff members and other resources available to the agency or body. (4) An arrangement or direction under paragraph (2)(a): (a) must be in writing; and (b) is not a legislative instrument.