29Annual report

#### 29 Annual report (1) The Independent National Security Legislation Monitor must prepare and give to the Attorney‑General a report (an annual report): (a) relating to the performance of the Monitor’s functions as set out in paragraphs 6(1)(a) and (b), including information relating to the performance of the Monitor’s functions as set out in subsection 6(1A); and (b) containing such details relating to the performance of the Monitor’s function as set out in paragraph 6(1)(c) as the Monitor considers appropriate. (1A) Despite paragraph (1)(a), the annual report need not include information described in that paragraph if such information is already included in a report prepared under section 29A. (2) The annual report must be given to the Attorney‑General as soon as practicable after 30 June in each financial year and, in any event, by the following 31 December. (2A) If the Independent National Security Legislation Monitor considers that the annual report contains information of the kind referred to in subsection (3), the Monitor must also prepare and give to the Attorney‑General, at the same time as the annual report, a version of the report which does not contain that information (a declassified annual report). (3) The information specified by this subsection is information of the following kind: (a) any operationally sensitive information; or (b) any information that would or might prejudice: (i) Australia’s national security or the conduct of Australia’s foreign relations; or (ii) the performance by a law enforcement or security agency of its functions; or (c) any information that, if included in the report, would or might endanger a person’s safety; or (d) any information obtained from a document prepared for the purposes of a meeting of: (i) the Cabinet, or of a Committee of the Cabinet, of the Commonwealth or of a State; or (ii) the Australian Capital Territory Executive or of a committee of that Executive; or (iii) the Executive Council of the Northern Territory or of a committee of that Executive Council; or (e) any information that would disclose the deliberations or decisions of: (i) the Cabinet, or of a Committee of the Cabinet, of the Commonwealth or of a State; or (ii) the Australian Capital Territory Executive or of a committee of that Executive; or (iii) the Executive Council of the Northern Territory or of a committee of that Executive Council. (4) In determining whether an annual report contains information of the kind referred to in subsection (3), the Independent National Security Legislation Monitor may consult the responsible Minister or responsible Ministers concerned. (5) The Attorney‑General must cause a copy of: (a) each annual report; or (b) if an annual report contains information of the kind referred to in subsection (3)—the corresponding declassified annual report; to be presented to each House of the Parliament within the earlier of: (c) 15 sitting days of that House after the day on which he or she receives the report; or (d) 30 days after the day on which he or she receives the report. (8) Section 34C of the Acts Interpretation Act 1901 does not apply in relation to a report given to the Attorney‑General under this section.