George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

The committee has speculated upon the application of provisions in a range of hypothetical cases. I am not going to do that; I am going to respond to your evident and perfectly proper concerns by reassuring you that there is no capacity to delegate operational matters. The Australian Security Intelligence Organisation, like any other government agency, deals with contractors and other external parties who fall within the definition of affiliates all the time. It could be in relation to something as innocuous as, for example, catering services. You understand that.

The terms of the relationship between the organisation and an external entity which falls within the definition of affiliate will be governed by the contract between the organisation and the affiliate and the nature of the obligations will be found in the terms of that contract. But the point I want to make to you, because it seems to be at the heart of your concerns, is that the operational roles of ASIO—for example, participating in a covert operation—are something that has to be done by officers of ASIO. The operational role is not capable of being delegated outside the organisation.