Document ID: chunk:federal_register_of_legislation:C2024C00841:section:16
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 16
Character Range: 41608–43658

16  Delegation
 (1) Subject to subsection 92C(8), the Director‑General may, by signed writing, delegate to a person any of the Director‑General's powers, functions or duties under or for the purposes of this Act that relate to:
 (a) the management of ASIO employees or ASIO affiliates; or
 (b) the financial management of the Organisation.
Note: For further provisions relating to delegations, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901.
 (1A) The Director‑General may, by writing, delegate any or all of the Director‑General's functions or powers under section 21A to a senior position‑holder.
 (1B) Subject to subsection (1C), the Director‑General may, by writing, delegate any or all of the Director‑General's powers and functions under subsection 82D(1) to a person who is an ASIO employee or an ASIO affiliate.
Note: Subsection 82D(1) provides that the Director‑General may, on behalf of the Organisation, exercise the powers or perform the functions of the Organisation under Part IVA.
 (1C) The Director‑General may delegate the power or function under subsection 82D(1) to:
 (a) make a security clearance decision under paragraph 82C(1)(b); or
 (b) furnish a security clearance suitability assessment under paragraph 82C(1)(d) that is a prejudicial security clearance suitability assessment (within the meaning of Part IVA);
only to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than an Executive Level 1 position.
Note: The Director‑General may, under subsection (1B), delegate the power or function under subsection 82D(1) to furnish a security clearance suitability assessment under paragraph 82C(1)(d) that is not a prejudicial security clearance suitability assessment.
 (2) In exercising powers, performing functions or discharging duties under a delegation, the delegate must comply with any written direction given by the Director‑General to the delegate.

Part III—Functions and powers of Organisation

Division 1—General