46Arrangements for obtaining and protecting intelligence information

46  Arrangements for obtaining and protecting intelligence information

Arrangements

 (1) The Commissioner must take all reasonable steps to ensure that entrusted persons obtain, store, access, use and disclose intelligence information relating to an Australian intelligence entity only in accordance with an arrangement, between the Commissioner and the head of the entity, that deals with:

 (a) the manner in which entrusted persons obtain intelligence information relating to the entity; and

 (b) the protection of intelligence information relating to the entity while in the possession of entrusted persons; and

 (c) the disclosure by entrusted persons of intelligence information relating to the entity.

 (2) The Commissioner must take all reasonable steps to ensure that an arrangement is in force for the purposes of subsection (1) with the head of an Australian intelligence entity before obtaining intelligence information relating to the entity.

 (3) Subsections (1) and (2) apply despite any other provision of this Act.

 (4) Without limiting subsection (1), an arrangement may:

 (a) limit the circumstances in which intelligence information may be disclosed in a report under Division 4 of Part 3; and

 (b) set out matters to which the Commissioner must have regard in disclosing intelligence information under section 49.

 (5) However, except as mentioned in paragraph (4)(a), an arrangement cannot prevent the performance of the Commissioner’s functions or exercise of the Commissioner’s powers under any provision of this Act (including section 49).

Arrangement is not a legislative instrument

 (6) If an arrangement is entered into for the purposes of subsection (1) in writing, the arrangement is not a legislative instrument.