Document ID: chunk:federal_register_of_legislation:C2024A00024:clause:2_92c:p1
Version: federal_register_of_legislation:C2024A00024
Segment Type: clause
Provision Reference: sch 2 cl 92C (pt 1/2)
Character Range: 22868–25753

92C  Cover employment—determining a specified authority of the Commonwealth

Determining specified authority of the Commonwealth
 (1) Subject to subsection (5), the Director‑General may, in writing, determine one or more specified authorities of the Commonwealth, within the meaning of paragraphs (a), (aa), (b) and (c) of the definition of authority of the Commonwealth in section 4, that may be identified as the employer or place of work of ASIO employees, ASIO affiliates, former ASIO employees or former ASIO affiliates.
Note: For variation and revocation of an instrument, see subsection 33(3) of the Acts Interpretation Act 1901.
 (2) Without limiting subsection (1), a determination under that subsection may do either or both of the following:
 (a) determine a specified authority of the Commonwealth in relation to a specified class of ASIO employees, ASIO affiliates, former ASIO employees or former ASIO affiliates;
 (b) specify limitations or restrictions in relation to the identification of a specified authority of the Commonwealth as the employer or place of work of ASIO employees, ASIO affiliates, former ASIO employees or former ASIO affiliates.
 (3) To avoid doubt, and without limiting subsection (1) or (2), if a determination under subsection (1) determines a specified authority of the Commonwealth in relation to a class of ASIO employees, ASIO affiliates, former ASIO employers or former ASIO affiliates holding, occupying or performing the duties of a specified office or position, the class includes such an office or position that comes into existence after the determination is made.
 (4) Subsection (3) does not, by implication, affect the interpretation of any other provision of this Act.
 (5) The Director‑General must not determine a specified authority of the Commonwealth under subsection (1) unless the head of that authority has agreed, in writing, to the authority being so determined.
 (6) To avoid doubt, the Chief of the Defence Force (within the meaning of the Defence Act 1903) is the head of the Defence Force for the purposes of subsection (5).
Note: The Defence Force is an authority of the Commonwealth: see paragraph (b) of the definition of authority of the Commonwealth in section 4.
 (7) The following are not legislative instruments:
 (a) a determination under subsection (1);
 (b) an agreement under subsection (5).

Delegation
 (8) The Director‑General may, in writing, delegate the Director‑General's powers or duties under this section 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 a position occupied by an SES employee with a classification of SES Band 3.
 (9) In exercising powers or discharging duties under a delegation under subsection (8), the delegate must comply with any written direction given by the Director‑General to the