Division 2APreliminary inquiries

An Act to provide for the appointment of an Inspector‑General of Intelligence and Security, and for related purposes ## Part I—Preliminary #### 1 Short title This Act may be cited as the Inspector‑General of Intelligence and Security Act 1986. #### 2 Commencement This Act commences on the day fixed under subsection 2(1) of the Australian Security Intelligence Organization Amendment Act 1986. #### 3 Interpretation (1) In this Act, unless the contrary intention appears: > ACIC means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002. > adverse security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979. > AGO means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation, and any part of the Defence Force that performs functions on behalf of that part of the Department. > APS Code of Conduct means the rules in section 13 of the Public Service Act 1999. > ASD means the Australian Signals Directorate. > ASIO means the Australian Security Intelligence Organisation continued in existence by the Australian Security Intelligence Organisation Act 1979. > ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979. > ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979. > ASIS means the Australian Secret Intelligence Service. > Australia, when used in a geographical sense, includes the external Territories. > CEO of ACIC means the Chief Executive Officer of ACIC. > Commonwealth agency means the following: (a) a Department of State, or an Agency within the meaning of the Public Service Act 1999; (b) the Australian Defence Force; (c) an intelligence agency; (d) a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth; (e) the holder of an office established for public purposes by or under a law of the Commonwealth; (f) a body, whether incorporated or not, declared to be a Commonwealth agency by a legislative instrument made under subsection (4). > contracted service provider, for an IGIS contract, means: (a) a person who is a party to the IGIS contract and who is responsible for the provision of services to the Inspector‑General under the IGIS contract; or (b) a subcontractor for the IGIS contract. > Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903. > DIO means that part of the Defence Department known as the Defence Intelligence Organisation. > disclosable conduct has the same meaning as in the Public Interest Disclosure Act 2013. > discrimination has the same meaning as in the Australian Human Rights Commission Act 1986. > employee, in relation to a Commonwealth agency, means a person who is employed, whether in a permanent or temporary capacity, in the agency. > head means: (a) in relation to ASIO—the Director‑General of Security; or (b) in relation to ASIS—the Director‑General of ASIS; or (ba) in relation to ASD—the Director‑General of ASD; or (c) in relation to AGO—the Director of AGO; or (d) in relation to DIO—the Director of DIO; or (e) in relation to ACIC—the CEO of ACIC; or (ea) in relation to the Australian Federal Police—the Commissioner of Police; or (f) in relation to ONI—the Director‑General of National Intelligence; or (g) in relation to any other Commonwealth agency: (i) in the case of a Department of State—the Secretary of the Department; or (ii) otherwise—the person holding, or performing the duties of, the principal office in respect of the agency. > human rights has the same meaning as in the Australian Human Rights Commission Act 1986. > IGIS contract means a contract, to which the Inspector‑General is a party, under which services are to be, or were to be, provided to the Inspector‑General. > IGIS official (short for Inspector‑General of Intelligence and Security official) means: (a) the Inspector‑General; or (b) any other person covered by subsection 32(1). > Information Commissioner: see section 3A of the Australian Information Commissioner Act 2010. > Inspector‑General means the Inspector‑General of Intelligence and Security. > Inspector‑General ADF means the Inspector‑General of the Australian Defence Force referred to in section 110B of the Defence Act 1903. > integrity body: (a) means any of the following: (i) the Ombudsman; (ii) the Australian Human Rights Commission; (iii) the Information Commissioner; (iv) the National Anti‑Corruption Commissioner; (iva) the Inspector of the National Anti‑Corruption Commission; (v) the Inspector‑General ADF; and (b) for a complaint—has the meaning given by paragraph 11(4A)(a). > intelligence agency means: (a) ASIO, ASIS, AGO, DIO, ASD or ONI; or (b) the following agencies that have an intelligence function: (i) the Australian Federal Police; (ii) ACIC. > intelligence function: (a) for ACIC—means: (i) the collection, correlation, analysis, production and dissemination of intelligence obtained by ACIC from the execution of a network activity warrant; or (ii) the performance of a function, or the exercise of a power, conferred on a law enforcement officer of ACIC by the network activity warrant provisions of the Surveillance Devices Act 2004; or (b) for the Australian Federal Police—means: (i) the collection, correlation, analysis, production and dissemination of intelligence obtained by the Australian Federal Police from the execution of a network activity warrant; or (ii) the performance of a function, or the exercise of a power, conferred on a law enforcement officer of the Australian Federal Police by the network activity warrant provisions of the Surveillance Devices Act 2004. > Judge means: (a) a Judge of a court created by the Parliament or of a court of a State or of the Northern Territory (other than a Judge or acting Judge of the Local Court of the Northern Territory); or (b) a person who has the same designation and status as a Judge of a court created by the Parliament. > law enforcement officer, when used in relation to the Australian Federal Police or ACIC, has the same meaning as in the Surveillance Devices Act 2004. > member, in relation to a Commonwealth agency, means: (a) an employee of the agency; or (b) a person who is authorised to perform any of the functions of the agency on behalf of the agency. > network activity warrant has the same meaning as in the Surveillance Devices Act 2004. > network activity warrant provisions of the Surveillance Devices Act 2004 means: (a) Division 6 of Part 2 of that Act; or (b) the remaining provisions of that Act so far as they relate to network activity warrants. > Ombudsman means the Commonwealth Ombudsman. > ONI means the Office of National Intelligence. > ONI Act employee means a member of the staff of ONI employed under subsection 33(3) of the Office of National Intelligence Act 2018. > paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). > positive duty in relation to sex discrimination means section 47C of the Sex Discrimination Act 1984. > Public Service Act ONI employee means a member of the staff of ONI engaged under the Public Service Act 1999. > qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979. > responsible Minister, in relation to a Commonwealth agency, means: (a) in the case of an agency established or continued in existence by an Act—the Minister administering that Act, or the part of the Act that establishes the agency or continues the agency in existence; or (b) in any other case—the Minister having general responsibility for the activities of the agency. > security has the same meaning as in the Australian Security Intelligence Organisation Act 1979. > subcontractor, for an IGIS contract, means a person: (a) who is a party to a contract (the subcontract): (i) with a contracted service provider for the IGIS contract (within the meaning of paragraph (a) of the definition of contracted service provider); or (ii) with a subcontractor for the IGIS contract (under a previous application of this definition); and (b) who is responsible under the subcontract for the provision of services to the Inspector‑General, or to a contracted service provider for the IGIS contract, for the purposes (whether direct or indirect) of the IGIS contract. (2) In this Act, unless the contrary intention appears, a reference to the taking of action includes a reference to: (a) the making of a decision or recommendation; and (b) the failure or refusal to take any action or to make a decision or recommendation. (3) For the purposes of this Act, action that is taken by a member of a Commonwealth agency is deemed to be taken by the agency if the member takes the action in his or her capacity as a member of the agency, whether or not: (a) the action is taken for or in connection with, or is incidental to, the performance of the functions of the agency; or (b) the taking of the action is within the duties of the member. (4) The Attorney‑General may, by legislative instrument, declare a body to be a Commonwealth agency for the purposes of paragraph (f) of the definition of that expression in subsection (1). #### 4 Objects of Act The objects of this Act are: (a) to assist Ministers in the oversight and review of: (i) the compliance with the law by, and the propriety of particular activities of, Australian intelligence agencies; and (ii) the effectiveness and appropriateness of the procedures of those agencies relating to the legality or propriety of their activities; and (iii) certain other aspects of the activities and procedures of certain of those agencies; and (b) to assist Ministers in ensuring that the activities of those agencies are consistent with human rights; and (ba) to assist Ministers in investigating intelligence or security matters relating to Commonwealth agencies, including agencies other than intelligence agencies; and (c) to allow for review of certain directions given to ASIO by the responsible Minister for ASIO; and (d) to assist the Government in assuring the Parliament and the public that intelligence and security matters relating to Commonwealth agencies are open to scrutiny, in particular the activities and procedures of intelligence agencies. #### 5 Application of Act This Act applies both within and outside Australia and extends to every external Territory. #### 5A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. > Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. ## Part II—Inspector‑General ### Division 1—Establishment and functions of Inspector‑General #### 6 Inspector‑General of Intelligence and Security (1) There is to be an Inspector‑General of Intelligence and Security. (2) The Inspector‑General is to be appointed by the Governor‑General. Consultation requirement (3) Before a recommendation is made to the Governor‑General for the appointment of a person as Inspector‑General, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives. Limitation on appointment of Inspector‑General (3A) A person must not be appointed as Inspector‑General if the person is, or the person’s most recent position was, the head or a deputy head (however described) of an intelligence agency. Arrangements with States and Territories (4) The Governor‑General may, for the purpose of appointing to the office of Inspector‑General a person who is the holder of a judicial office of a State or of the Northern Territory, enter into such arrangement with the Governor of that State or the Administrator of that Territory, as the case may be, as is necessary to secure that person’s services. (5) An arrangement under subsection (4) may provide for the Commonwealth to reimburse a State or the Northern Territory with respect to the services of the person to whom the arrangement relates. #### 6AA The Office of the Inspector‑General of Intelligence and Security For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the following group of persons is a listed entity: (i) the Inspector‑General; (ii) a person covered by subsection 32(1) of this Act; and (b) the listed entity is to be known as the Office of the Inspector‑General of Intelligence and Security; and (c) the Inspector‑General is the accountable authority of the Office of the Inspector‑General of Intelligence and Security; and (d) the persons referred to in paragraph (a) are officials of the Office of the Inspector‑General of Intelligence and Security; and (e) the purposes of the Office of the Inspector‑General of Intelligence and Security include the functions of the Inspector‑General referred to in sections 8, 9 and 9A. #### 6A Acting Inspector‑General (1) The Attorney‑General may appoint a person to act as the Inspector‑General: (a) during a vacancy in the office of Inspector‑General; or (b) during any period, or during all periods, when the Inspector‑General is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office. > Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. (2) Before the Attorney‑General appoints a person to act as the Inspector‑General, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives about the appointment. #### 7 Appointment of Judge as Inspector‑General not to affect tenure etc. (1) A person’s tenure as the holder of a judicial office and the person’s rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of the judicial office are not affected by: (a) the appointment of the person as the Inspector‑General or to act as the Inspector‑General; or (b) service by the person as the Inspector‑General or while acting as Inspector‑General; and, for all purposes, the person’s service as Inspector‑General must be taken to be service as the holder of that judicial office. (2) In this section, judicial office means: (a) an office of judge of a court created by the Parliament; or (b) an office the holder of which has, by virtue of holding that office, the same status as a judge of a court created by the Parliament. #### 8 Intelligence agency inquiry functions of Inspector‑General Intelligence agency inquiry functions in relation to ASIO (1) Subject to this section, the functions of the Inspector‑General in relation to ASIO are: (a) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General’s own motion or in response to a complaint made to the Inspector‑General, to inquire into any matter that relates to: (i) the compliance by ASIO with the laws of the Commonwealth and of the States and Territories; or (ii) the compliance by ASIO with directions or guidelines given to ASIO by the responsible Minister; or (iii) the propriety of particular activities of ASIO; or (iv) the effectiveness and appropriateness of the procedures of ASIO relating to the legality or propriety of the activities of ASIO; or (v) an act or practice of ASIO that is or may be inconsistent with or contrary to any human right, that constitutes or may constitute discrimination, or that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and (b) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into the procedures of ASIO relating to redress of grievances of ASIO employees and ASIO affiliates; and (c) at the request of the Attorney‑General or the responsible Minister, to inquire into the action (if any) that should be taken to protect the rights of a person who is an Australian citizen or a permanent resident (within the meaning of the Australian Security Intelligence Organisation Act 1979) if: (i) ASIO has furnished a report to a Commonwealth agency (within the meaning of that Act) that may result in the taking of action that is adverse to the interests of the person; and (ii) the report could not be reviewed by the Intelligence and Security jurisdictional area of the Administrative Review Tribunal; and, in particular, to inquire into whether the person should be informed of the report and given an opportunity to make submissions in relation to the report; and (d) if the responsible Minister has given a direction to ASIO on the question whether: (i) the collection of intelligence concerning a particular individual is, or is not, justified by reason of its relevance to security; or (ii) the communication of intelligence concerning a particular individual would be for a purpose relevant to security; to inquire into whether that collection is justified on that ground or whether that communication would be for that purpose, as the case may be; and (e) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into any matter that may relate to compliance by ASIO with the positive duty in relation to sex discrimination. Intelligence agency inquiry functions in relation to ASIS, AGO or ASD (2) Subject to this section, the functions of the Inspector‑General in relation to ASIS, AGO or ASD are: (a) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General’s own motion or in response to a complaint made to the Inspector‑General by a person who is an Australian citizen or a permanent resident (within the meaning of the Intelligence Services Act 2001), to inquire into any matter that relates to: (i) the compliance by that agency with the laws of the Commonwealth and of the States and Territories; or (ii) the compliance by that agency with directions or guidelines given to that agency by the responsible Minister; or (iii) the propriety of particular activities of that agency; or (iv) an act or practice of that agency that is or may be inconsistent with or contrary to any human right, that constitutes or may constitute discrimination, or that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and (b) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into the procedures of that agency relating to redress of grievances of employees of that agency; and (c) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency; and (d) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into any matter that may relate to compliance by ASIS, AGO or ASD with the positive duty in relation to sex discrimination. Intelligence agency inquiry functions in relation to DIO or ONI (3) Subject to this section, the functions of the Inspector‑General in relation to DIO or ONI are: (a) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General’s own motion, or in response to a complaint made to the Inspector‑General by a person who is an Australian citizen or a permanent resident, to inquire into any matter that relates to: (i) the compliance by that agency with the laws of the Commonwealth and of the States and Territories; or (ii) the compliance by that agency with directions or guidelines given to that agency by the responsible Minister; or (iii) the propriety of particular activities of that agency; and (aa) at the request of the Attorney‑General or the responsible Minister, or of the Inspector‑General’s own motion, to inquire into any matter that relates to the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency; and (b) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General’s own motion, or in response to a complaint made to the Inspector‑General by a person who is an Australian citizen or a permanent resident, to inquire into any matter that relates to an act or practice of that agency: (i) that is or may be inconsistent with or contrary to any human right; or (ii) that constitutes or may constitute discrimination; or (iii) that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and (ba) at the request of the Attorney‑General or the responsible Minister, or of the Inspector‑General’s own motion, to inquire into any matter that relates to the procedures of that agency relating to redress of grievances of employees of that agency; and (c) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into any matter in relation to the statutory independence of ONI; and (d) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into any matter that may relate to compliance by DIO or ONI with the positive duty in relation to sex discrimination. (3AA) In subsection (3), permanent resident has the same meaning as in: (a) if the agency is DIO—the Intelligence Services Act 2001; and (b) if the agency is ONI—the Office of National Intelligence Act 2018. Intelligence agency inquiry functions in relation to ACIC or the Australian Federal Police (3A) Subject to this section, the functions of the Inspector‑General in relation to ACIC or the Australian Federal Police are: (a) at the request of the Attorney‑General or the responsible Minister; or (b) of the Inspector‑General’s own motion; or (c) in response to a complaint made to the Inspector‑General; to inquire into any of the following matters, to the extent that the matter relates to an intelligence function of that agency: (d) the compliance by that agency with the laws of the Commonwealth and of the States and Territories; (e) the compliance by that agency with directions or guidelines given to that agency by the responsible Minister; (f) the propriety of particular activities of that agency; (g) the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency; (h) any matter that relates to an act or practice of that agency: (i) that is or may be inconsistent with or contrary to any human right; or (ii) that constitutes or may constitute discrimination; or (iii) that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; (i) in relation to ACIC—the compliance by that agency with: (i) directions or guidelines given to that agency; or (ii) policies or other decisions made; by the Board of ACIC or the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002. (3B) The functions of the Inspector‑General under subsection (3A) do not include inquiring into any action taken by an examiner (within the meaning of the Australian Crime Commission Act 2002) of ACIC in performing functions or exercising powers as an examiner. Intelligence agency inquiry functions in relation to complaints about employment, contracts and related matters (5) The functions of the Inspector‑General under subsections (1), (2), (3) and (3A) do not include inquiring into a matter to which a complaint to the Inspector‑General made by an employee of AGO, DIO, ACIC, the Australian Federal Police or by a Public Service Act ONI employee relates to the extent that the matter is directly related to: (a) the promotion, termination of appointment, discipline or remuneration of the employee by the agency; or (b) another matter relating to the agency’s employment of the employee. (6) The functions of the Inspector‑General include inquiring into a matter to which a complaint to the Inspector‑General made by an ASIO employee, an ASIS employee, an ONI Act employee or an ASD employee relates to the extent that the matter is directly related to: (a) the promotion, termination of appointment, discipline or remuneration of the employee by ASIO, ASIS, ONI or ASD; or (b) another matter relating to the employment of the employee by ASIO, ASIS, ONI or ASD. (7) However, the Inspector‑General must not inquire into a matter referred to in subsection (6) to the extent that the employee can have the matter reviewed by a body constituted by, or including, persons other than: (a) for an ASIO employee—the Director‑General of Security, ASIO employees or ASIO affiliates; and (b) for an ASIS employee—the Director‑General of ASIS or ASIS employees; and (ba) for an ONI Act employee: (i) the Director‑General of National Intelligence; or (ii) ONI Act employees; or (iii) Public Service Act ONI employees; and (c) for an ASD employee—the Director‑General of ASD or ASD employees. > Note: See also subsection 11(5) for when the Inspector‑General may decide not to inquire into a matter referred to in subsection (6) of this section. (8) The functions of the Inspector‑General include inquiring into a matter to which a complaint to the Inspector‑General made by an ASIO affiliate relates to the extent that the matter is related to: (a) the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for ASIO; or (b) the performance of functions or services by the ASIO affiliate under the contract, agreement or other arrangement. (8A) However, the Inspector‑General may decide not to inquire into a matter referred to in subsection (8) if the Inspector‑General is satisfied that the ASIO affiliate can have the matter reviewed by a body constituted by, or including, persons other than the Director‑General of Security, ASIO employees or ASIO affiliates. > Note: See also subsection 11(6) for when the Inspector‑General may decide not to inquire into a matter referred to in subsection (8) of this section. Functions conferred by other Acts (9) The Inspector‑General may perform functions conferred on the Inspector‑General by another Act. #### 8A Public interest disclosure functions of Inspector‑General (1) If: (a) a disclosure of information has been, or is required to be, allocated under section 43 of the Public Interest Disclosure Act 2013; and (b) some or all of the disclosable conduct with which the information is concerned relates (within the meaning of that Act) to an intelligence agency (within the meaning of this Act); and (c) if the intelligence agency is ACIC or the Australian Federal Police—the conduct relates to that agency’s intelligence functions; to the extent that the conduct so relates as described in paragraph (b), it is taken, for the purposes of this Act, to be action that relates to the propriety of particular activities of the intelligence agency. > Note: The Inspector‑General’s functions under section 8 include inquiring into the propriety of particular activities of intelligence agencies. (3) For the purposes of the application of this Act to the action: (a) the conduct is to be treated as if it were action taken by the intelligence agency; and (b) a public official who belongs (within the meaning of the Public Interest Disclosure Act 2013) to the intelligence agency is taken to be a member of the intelligence agency; and (c) the person who disclosed the information is taken, if the disclosure is allocated to the Inspector‑General, to have made a complaint to the Inspector‑General in respect of the action. (4) However, paragraph (3)(c) does not apply if: (a) the intelligence agency is ASIS, ASD, AGO, DIO or ONI; and (b) the person is not an Australian citizen, or a permanent resident within the meaning of: (i) for ASIS, ASD, AGO or DIO—paragraph (a) of the definition of permanent resident in subsection 3(1) of the Intelligence Services Act 2001; or (ii) for ONI—paragraph (a) of the definition of permanent resident in subsection 4(1) of the Office of National Intelligence Act 2018. (5) It is immaterial whether the disclosable conduct occurred before or after the commencement of this section. #### 9 Additional inquiry functions of Inspector‑General Intelligence agencies (1) The Prime Minister may request the Inspector‑General to inquire into a matter relating to an intelligence agency. (2) The Inspector‑General must comply with a request under subsection (1) if inquiring into the matter is within the functions of the Inspector‑General referred to in section 8 (whether those functions may be performed following a request by a Minister or otherwise). Commonwealth agencies (3) The Prime Minister may request the Inspector‑General to inquire into an intelligence or security matter relating to a Commonwealth agency. (4) The Inspector‑General must comply with a request under subsection (3). #### 9AA Limits on the Inspector‑General’s functions The Inspector‑General must not, in the performance of his or her functions under section 8 or 9: (b) inquire into action taken by a Minister except to the extent necessary to perform the functions of the Inspector‑General referred to in subparagraphs 8(1)(a)(ii), 8(2)(a)(ii) and 8(3)(a)(ii) and paragraphs 8(1)(d) and 8(3A)(e); or (ba) inquire into action taken by the Board of ACIC or the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002 except to the extent necessary to perform the functions of the Inspector‑General referred to in paragraph 8(3A)(i); or (c) inquire into a matter, other than a matter that is referred to the Inspector‑General under subsection 65(1A) of the Australian Security Intelligence Organisation Act 1979, that is, or could be, the subject of a review by the Intelligence and Security jurisdictional area of the Administrative Review Tribunal. #### 9A Inspection functions of Inspector‑General (1) The functions of the Inspector‑General in relation to an intelligence agency include conducting, at such times as the Inspector‑General determines in consultation with the head of the agency, such other inspections of the agency as the Inspector‑General considers appropriate for the purpose of giving effect to the objects of this Act. (2) For the purposes of conducting an inspection of an intelligence agency under subsection (1), the Inspector‑General or a member of staff assisting the Inspector‑General referred to in paragraph 32(1)(a): (a) may, at all reasonable times, enter and remain on any premises (including any land or place) (except premises occupied in another country by ASIS); and (b) may, at all reasonable times, enter and remain on any premises (including any land or place) occupied in another country by ASIS if the Director‑General of ASIS and the Inspector‑General have made arrangements relating to entry under this section; and (c) is entitled to all reasonable facilities and assistance that the head of the agency is capable of providing; and (d) is entitled to full and free access at all reasonable times to any information, documents or other property of the agency; and (e) may examine, make copies of or take extracts from any information or documents. #### 9B Power to enter places relating to questioning warrants For the purposes of an inspection under section 9A, the Inspector‑General may, after notifying the Director‑General of Security: (a) enter any place where a person is being questioned or apprehended in relation to a warrant issued under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979; and (b) do so at any reasonable time. ### Division 2—Complaints #### 10 Form of complaints (1) Subject to subsection (2), a complaint may be made to the Inspector‑General orally or in writing. > Note 1: A complaint is taken to have been made under this Act if all or part of the complaint is transferred to the Inspector‑General by an integrity body (see section 32AH of this Act). > Note 2: See also Part IIIA which deals with relationships with other agencies and information sharing. (2) If a complaint is made orally to the Inspector‑General, the Inspector‑General must: (a) put the complaint in writing; or (b) require the complainant to put the complaint in writing and, if such a requirement is made and the complainant does not put the complaint in writing, the Inspector‑General may refuse to inquire into the complaint, or to inquire into the complaint further, until the complainant puts the complaint in writing. #### 11 Inquiry into complaint Requirement to inquire into certain complaints (1) If: (a) a complaint is made to the Inspector‑General in respect of action taken by an intelligence agency; and (b) inquiring into the action in response to a complaint is within the functions of the Inspector‑General referred to in section 8; the Inspector‑General must, subject to this section, inquire into the action. When inquiry or further inquiry into complaints is not required (2) If a complaint is made to the Inspector‑General in respect of action taken by an intelligence agency, the Inspector‑General may decide not to inquire into the action or, if the Inspector‑General has commenced to inquire into the action, decide not to inquire into the action further if the Inspector‑General is satisfied that: (a) the complainant became aware of the action more than 12 months before the complaint was made; (b) the complaint is frivolous or vexatious or was not made in good faith; or (c) having regard to all the circumstances of the case, an inquiry, or further inquiry, into the action is not warranted. (3) If a complainant has exercised or exercises a right to cause the action to which a complaint relates to be reviewed by a court or a tribunal, the Inspector‑General must not inquire into, or continue to inquire into, the action unless the Inspector‑General is of the opinion that there are special reasons for doing so. (4) If the Inspector‑General is of the opinion that a complainant has or had a right to cause action to which a complaint relates to be reviewed by a court or a tribunal but has not exercised that right, the Inspector‑General may decide not to inquire into the action or not to inquire into the action further if, in the opinion of the Inspector‑General, it would be reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right. (4A) Without limiting paragraph (2)(c), the Inspector‑General may decide not to inquire into, or not to inquire further into, a complaint or part of a complaint in relation to action taken by an intelligence agency if: (a) a complaint in respect of the action has been, or could have been, made by the complainant to any of the following persons or bodies (the integrity body for the complaint): (i) the Ombudsman; (ii) the Australian Human Rights Commission, under Division 3 of Part II (human rights complaints) or Part IIB (unlawful discrimination complaints) of the Australian Human Rights Commission Act 1986; (iii) the Information Commissioner under Part V of the Privacy Act 1988; (iv) the National Anti‑Corruption Commissioner; (iva) the Inspector of the National Anti‑Corruption Commission; (v) the Inspector‑General ADF; and (b) the Inspector‑General is satisfied that the subject matter of the complaint or the part of the complaint could be more effectively or conveniently dealt with by the integrity body for the complaint. > Note: The complaint or part of the complaint may be transferred to the integrity body for the complaint under section 32AG. Inquiries into complaints about employment, contracts and related matters (5) The Inspector‑General must not inquire into the matters to which a complaint of the kind referred to in subsection 8(6) relates in respect of action taken by an intelligence agency if the Inspector‑General is satisfied that: (a) the procedures of that agency relating to redress of grievances of ASIO employees, ASIS employees, ONI Act employees or ASD employees (as the case may be) are adequate and effective; or (b) the complainant has not pursued those procedures as far as practicable; or (c) the matters to which the complaint relates are not of sufficient seriousness or sensitivity to justify an inquiry into those matters. (6) The Inspector‑General may decide not to inquire into the matters to which a complaint of the kind referred to in subsection 8(8) relates in respect of action taken by ASIO if the Inspector‑General is satisfied that: (a) the procedures of ASIO relating to redress of grievances of ASIO affiliates are adequate and effective; or (b) the complainant has not pursued those procedures as far as practicable; or (c) the matters to which the complaint relates are not of sufficient seriousness or sensitivity to justify an inquiry into those matters. #### 12 Procedure if complaint not pursued If a person makes a complaint in relation to action taken by an intelligence agency that the Inspector‑General decides not to inquire into, or not to inquire further into, the Inspector‑General must: (a) take reasonable steps to notify the person in writing of the decision; and (b) notify the responsible Minister and the head of the agency in writing of the decision. #### 13 Special arrangements for persons in custody (1) A person who is detained in custody is entitled: (a) upon making a request to the person in whose custody he or she is detained or to any other person performing duties in connection with that detention: (i) to be provided with facilities for preparing a complaint in writing to the Inspector‑General under this Act, for furnishing in writing to the Inspector‑General after the complaint has been made any other relevant information and for enclosing the complaint or other information (if any) in a sealed envelope; and (ii) to have sent to the Inspector‑General, without undue delay, a sealed envelope addressed to the Inspector‑General; and (b) to have delivered to him or her, without undue delay, any sealed envelope addressed to him or her and sent by the Inspector‑General that comes into the possession or under the control of the person in whose custody he or she is detained or of any other person performing duties in connection with that detention. (2) A sealed envelope referred to in subsection (1) must not be opened by a person other than the addressee or a person acting on behalf of the addressee. (3) For the purposes of subsections (1) and (2), the Inspector‑General may make arrangements with the appropriate authority of a State or Territory for the identification and delivery of sealed envelopes sent by the Inspector‑General to persons detained in custody in that State or Territory. ### Division 2A—Preliminary inquiries #### 14 Preliminary inquiries Making preliminary inquiries into a complaint (1) If a complaint is made to the Inspector‑General in respect of action taken by an intelligence agency, the Inspector‑General may, for the purpose of: (a) determining whether the Inspector‑General is authorised to inquire into the action; or (b) if the Inspector‑General is authorised to inquire into the action: determining whether the Inspector‑General should inquire into the action; make preliminary inquiries of the head of the agency in relation to the action. > Note: After making preliminary inquiries in relation to a complaint, see subsections 11(2) to (6) for determining whether to pursue further inquiry. Making own motion preliminary inquiries (2) Of his or her own motion, the Inspector‑General may make preliminary inquiries of the head of an intelligence agency: (a) to determine whether the Inspector‑General is authorised to inquire into an action of the agency; or (b) to determine whether the Inspector‑General should inquire into the action if the Inspector‑General is authorised to inquire into it. Determining that further inquiry is not warranted in relation to own motion preliminary inquiries (3) After making preliminary inquiries of the head of the intelligence agency under subsection (2), the Inspector‑General may determine that, having regard to all the circumstances of the case, an inquiry, or further inquiry, into the action is not warranted. > Note: For reports relating to preliminary inquiries, see section 25B. Inspector‑General entitled to all reasonable facilities and assistance (4) In making preliminary inquiries of the head of an intelligence agency under this section, the Inspector‑General is entitled to all reasonable facilities and assistance that the head of the agency is capable of providing. ### Division 3—Inquiries #### Subdivision A—Obligations before commencing an inquiry #### 15 Inspector‑General to inform certain persons before commencing an inquiry (1) The Inspector‑General must, before commencing an inquiry into a matter relating to a Commonwealth agency, inform the responsible Minister and, subject to subsections (2) and (3), the head of the agency that the Inspector‑General proposes to conduct the inquiry. (2) The Inspector‑General is not required by subsection (1) to advise the head of a Commonwealth agency that the Inspector‑General proposes to conduct an inquiry into a matter that relates directly to the head of the agency. (3) However, if the Inspector‑General does not advise the head of a Commonwealth agency that the Inspector‑General proposes to conduct an inquiry into a matter that relates directly to the head of the agency, the Inspector‑General must instead advise: (a) if the matter relates to the head of ASIO, ASIS, ASD, ACIC, the Australian Federal Police or ONI—the responsible Minister in relation to ASIO, ASIS, ASD, ACIC, the Australian Federal Police or ONI, as the case requires; or (b) if the matter relates to the head of AGO or DIO—the Secretary of the Defence Department; or (c) otherwise—the responsible Minister for the agency. (4) To avoid doubt, this section is subject to section 17. #### Subdivision B—Conduct of inquiries #### 17 Conduct of inquiries Conduct of inquiries (1) An inquiry by the Inspector‑General must be conducted in private and, subject to this Division, in such manner as the Inspector‑General thinks fit. (2) The Inspector‑General may, for the purposes of this Act, obtain information from such persons, and make such inquiries, as the Inspector‑General thinks fit. (3) Subject to subsections (4) and (5), it is not necessary for a complainant or any other person to be afforded an opportunity to appear before the Inspector‑General or before any other person in connection with an inquiry by the Inspector‑General under this Act. (4) The Inspector‑General must not make a report in relation to an inquiry conducted under this Act in which the Inspector‑General sets out opinions that are, either expressly or impliedly, critical of a Commonwealth agency unless the Inspector‑General has given the head of the agency a reasonable opportunity to appear before the Inspector‑General and to make, either orally or in writing, submissions in relation to the matters that are the subject of the inquiry. (5) If the Inspector‑General proposes to set out in a report in relation to an inquiry conducted under this Act opinions that are, either expressly or impliedly, critical of a person, the Inspector‑General must, unless doing so would, in the opinion of the Inspector‑General, prejudice security, the defence of Australia or Australia’s relations with other countries, give the person a reasonable opportunity to appear before the Inspector‑General and to make, either orally or in writing, submissions in relation to the matters that are the subject of the inquiry. (6) If the Inspector‑General gives, under subsection (4) or (5), the head of a Commonwealth agency or another person an opportunity to appear before the Inspector‑General, the person may, with the approval of the Inspector‑General, be represented by another person. Discussions and consultation with Ministers or Prime Minister (7) The Inspector‑General may, at any time while conducting an inquiry under this Act into a matter relating to a Commonwealth agency, discuss any matter that is relevant to the inquiry with the responsible Minister. (8) The Inspector‑General may, at any time while conducting an inquiry under this Act into a matter relating to a Commonwealth agency, if it is appropriate to do so, consult with the Prime Minister or the Attorney‑General (or both) on any matter that is relevant to the inquiry. (9) The Inspector‑General must not make a report in relation to an inquiry conducted under this Act in which the Inspector‑General sets out opinions that are, either expressly or impliedly, critical of a Commonwealth agency unless the Inspector‑General has given the responsible Minister a reasonable opportunity to discuss the proposed report with the Inspector‑General. #### 17A Obligation when evidence of breach of duty or misconduct (1) This section applies if, at any time before, during or after conducting: (a) an inspection under section 9A; or (b) a preliminary inquiry under section 14, or any other action taken by the Inspector‑General for the purpose of deciding whether to inquire into a matter; or (c) an inquiry under this Act; the Inspector‑General is satisfied on reasonable grounds that there is evidence that a person who is a member of a Commonwealth agency has been guilty of a breach of duty or of misconduct. Notifying responsible Minister, agency head and Public Service Commissioner (2) If the Inspector‑General is satisfied on reasonable grounds that the evidence is of sufficient weight to justify the Inspector‑General doing so, the Inspector‑General must bring the evidence to the notice of: (a) either: (i) if the person is the head of that agency—the responsible Minister; or (ii) in any other case—the head of that agency; and (b) without limiting paragraph (a), if: (i) the Commonwealth agency is an Agency within the meaning of the Public Service Act 1999; and (ii) the person is the Agency Head (within the meaning of that Act) of the agency; and (iii) the breach of duty or misconduct could constitute a contravention of the APS Code of Conduct; the Australian Public Service Commissioner appointed under that Act. #### Subdivision C—General powers in relation to inquiries #### 18 Power to obtain information and documents Requiring information or documents (1) If the Inspector‑General has reason to believe that a person is capable of giving information or producing documents relevant to a matter that is being inquired into by the Inspector‑General under this Act, the Inspector‑General may, by notice in writing given to the person, require the person, at such reasonable place and within such reasonable period as are specified in the notice: (a) to give to the Inspector‑General, by writing signed by that person or, in the case of a body corporate, on behalf of the body corporate, any such information; or (b) to produce to the Inspector‑General any such documents. > Note: Failure to comply with a notice is an offence: see subsection (7). (2) If documents are produced to the Inspector‑General in accordance with a requirement under subsection (1), the Inspector‑General: (a) may take possession of, and may make copies of or take extracts from, the documents; (b) may retain possession of the documents for such period as is necessary for the purposes of the inquiry to which the documents relate; and (c) during that period must permit a person who would be entitled to inspect any one or more of the documents if they were not in the possession of the Inspector‑General to inspect at all reasonable times such of the documents as the person would be so entitled to inspect. Requiring attendance (3) If the Inspector‑General has reason to believe that a person is able to give information relevant to a matter that is being inquired into by the Inspector‑General under this Act, the Inspector‑General may, by notice in writing given to the person, require the person to attend before the Inspector‑General, at such reasonable time and place as are specified in the notice, to answer questions relevant to the matter under inquiry. > Note: Failure to comply with a notice is an offence: see subsection (7). (4) The Inspector‑General may administer an oath or affirmation to a person required to attend before the Inspector‑General under subsection (3) and may examine the person on oath or affirmation. > Note 1: Failure to take an oath or make an affirmation is an offence: see subsection (7). > Note 2: This means that a hearing is a judicial proceeding for the purposes of Part III of the Crimes Act 1914, which creates various offences in relation to judicial proceedings. (5) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence the person will give will be true. Self‑incrimination and legal professional privilege (6) A person is not excused from giving any information, producing a document or answering a question when required to do so under this section on the ground that the giving of the information, the production of the document or the answer to the question: (a) would contravene the provisions of any other Act, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty; or (b) would disclose legal advice given to a Minister or a Commonwealth agency, or would disclose any other information that is, or may be, the subject of a claim of legal professional privilege by the Commonwealth or a Commonwealth agency; but the information, the production of the document or the answer to the question is not admissible in evidence against the person in any court or in any proceedings before a person authorised to hear evidence except in a prosecution for: (c) an offence against this section; or (ca) an offence against section 137.1, 137.2 (false or misleading information and documents), 145.1 (using forged document) or 149.1 (obstruction of Commonwealth public officials) of the Criminal Code that relates to this section; or (cb) an offence against Division 3 of Part III of the Crimes Act 1914 (offences relating to evidence and witnesses) that relates to this section; or (d) an offence against: (i) section 6 of the Crimes Act 1914; or (ii) section 11.1, 11.4 or 11.5 of the Criminal Code; being an offence that relates to an offence against this section. (6A) The fact that a person is not excused under subsection (6) from giving information, producing a document or answering a question does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, document or answer. > Note: Legal professional privilege is also not waived in relation to information or documents provided voluntarily (see section 32AC). Offence for failing to comply (7) A person who: (a) fails to be sworn or to make an affirmation or to give information or produce a document when required to do so under this section; or (b) after being given a notice under subsection (3), fails to comply with the notice or to answer a question that the Inspector‑General requires the person to answer; commits an offence punishable on conviction: (c) in the case of an individual—by imprisonment for a period not exceeding 6 months or a fine not exceeding 10 penalty units, or both; or (d) in the case of a body corporate—by a fine not exceeding 50 penalty units. (7A) Subsection (7) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (7B) Subsection (7) does not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (7B) (see subsection 13.3(3) of the Criminal Code). Immunity from other penalties (9) A person is not liable to any penalty under the provisions of any law of the Commonwealth or of a Territory by reason only of the person having given information, produced a document or answered a question when required to do so under this section. #### 19 Entry to premises occupied by a Commonwealth agency (1) The Inspector‑General may (subject to subsection (2)), after notifying the head of a Commonwealth agency, at any reasonable time, enter any place occupied by the agency for the purposes of an inquiry under this Act. (2) The Inspector‑General may enter a place occupied in another country by ASIS only if the Director‑General of ASIS and the Inspector‑General have made arrangements relating to entry under this section. #### 19A Power to enter places relating to questioning warrants For the purposes of an inquiry under this Act, the Inspector‑General may, after notifying the Director‑General of Security: (a) enter any place where a person is being questioned or apprehended in relation to a warrant issued under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979; and (b) do so at any reasonable time. ### Division 4—Reports #### 20A Reports under this Act and other Acts In addition to any reports that the Inspector‑General is required or authorised to prepare under any other Act, the Inspector‑General must prepare reports under this Act in accordance with this Division. > Note: The Inspector‑General prepares reports under subsections 9B(8A) and 9C(6) (oversight of authorisations in emergencies) of the Intelligence Services Act 2001. #### 21 Draft reports relating to inquiries Draft reports to be prepared and generally given to agency head (1) If the Inspector‑General completes an inquiry under this Act into a matter relating to a Commonwealth agency (other than a preliminary inquiry under section 14), the Inspector‑General must: (a) prepare a draft report setting out the Inspector‑General’s conclusions and recommendations as a result of the inquiry; and (b) subject to subsections (1A) and (1B), give a copy (the draft agency copy) of the draft report to the head of the agency. > Note: To avoid doubt, the Inspector‑General may satisfy requirements under this subsection before completing the inquiry. (1AA) The Inspector‑General may remove from a draft agency copy any matters that do not relate to the Commonwealth agency concerned. Draft reports on matters directly relating to agency head (1A) The Inspector‑General is not required by subsection (1) to give to the head of a Commonwealth agency a draft agency copy setting out conclusions and recommendations in respect of a matter that relates directly to the head of the agency. (1B) However, if the Inspector‑General does not give to the head of a Commonwealth agency a draft agency copy setting out conclusions and recommendations in respect of a matter that relates directly to the head of the agency, the Inspector‑General must give the draft agency copy to: (a) if the matter relates to the head of ASIO, ASIS, ASD, ACIC, the Australian Federal Police or ONI—the responsible Minister in relation to ASIO, ASIS, ASD, ACIC, the Australian Federal Police or ONI, as the case requires; or (b) if the matter relates to the head of AGO or DIO—the Secretary of the Defence Department; or (c) otherwise—the responsible Minister for the agency. Relationship with section 17 (conduct of inquiries) (1C) To avoid doubt, subsections (1), (1A) and (1B) are subject to section 17 (conduct of inquiries). Including relevant comments in final report (2) If: (a) the Inspector‑General gives a draft agency copy to the head of a Commonwealth agency, a responsible Minister or the Secretary of the Defence Department; and (b) the head of the agency, the responsible Minister or the Secretary makes comments on the draft report within a reasonable time after being given the draft agency copy; the Inspector‑General must include in his or her final report in relation to the inquiry such of those comments as are relevant to the final report. #### 22 Reports relating to inquiries given to Commonwealth agency head etc. Reports to be prepared and given to agency head or other responsible person (1) If the Inspector‑General completes an inquiry under this Act into a matter relating to a Commonwealth agency (other than a preliminary inquiry under section 14), the Inspector‑General must: (a) prepare a report setting out the Inspector‑General’s conclusions and recommendations as a result of the inquiry; and (b) give a copy (the final agency copy) of the report: (i) if a draft agency copy was given to the head of the Commonwealth agency under subsection 21(1)—to the head of the Commonwealth agency; or (ii) otherwise—to the person to whom a draft agency copy was given under subsection 21(1B). > Note 1: To avoid doubt, the Inspector‑General may satisfy requirements under this subsection before completing the inquiry. > Note 2: A copy of the report may be given to the Parliamentary Joint Committee on Intelligence and Security under subsection 185D(3) or 185E(1) of the Telecommunications (Interception and Access) Act 1979 if the report relates to an authorisation intended to identify a media source or to retained data. (1A) The Inspector‑General may remove from a final agency copy any matters that do not relate to the Commonwealth agency concerned. Report to include reasons and compensation recommendation (2) The Inspector‑General must include in such a report: (a) the Inspector‑General’s reasons for the conclusions and recommendations set out in the report; and (b) if the Inspector‑General considers that a person has been adversely affected by action taken by a Commonwealth agency and that the person should receive compensation for that action—a recommendation that the person receive compensation. Tax information not to be disclosed (3) If the report, or a final agency copy of the report, includes information that was acquired by the Commissioner of Taxation under the provisions of a taxation law (within the meaning of the Income Tax Assessment Act 1997), the Inspector‑General must prepare another version of the report, or the final agency copy, that does not disclose the tax information. > Note: Section 355‑185 in Schedule 1 to the Taxation Administration Act 1953 permits the Inspector‑General to disclose the information to the Director‑General of Security in the report under subsection (1). Copies for Ministers (4) The Inspector‑General must give the responsible Minister a copy of: (a) the final agency copy; or (b) if subsection (3) applies—the version of the final agency copy mentioned in that subsection. (5) The Inspector‑General must give a copy of the final agency copy or version given to the responsible Minister under subsection (4) to the following: (a) if the inquiry was conducted as a result of a request under section 8 by the Attorney‑General or section 9 by the Prime Minister—the Minister who made the request; (b) in any case—the Prime Minister or the Attorney‑General, if the relevant Minister requests it. (6) In addition, the Inspector‑General may give the Prime Minister or the Attorney‑General a copy of the final agency copy or version given to the responsible Minister under subsection (4) if the Inspector‑General considers it appropriate to do so. #### 23 Advice to complainant (1) After conducting an inquiry under this Act into a complaint in respect of action taken by an intelligence agency (other than a preliminary inquiry under section 14), the Inspector‑General must (subject to subsection (2)) take reasonable steps to give a written response relating to the inquiry to the complainant, unless the Inspector‑General is satisfied on reasonable grounds that doing so will prejudice security, the defence of Australia or Australia’s relations with other countries. (2) The Inspector‑General must not give the response until the head of the relevant agency and the Inspector‑General have agreed that the terms of the proposed response will not prejudice: (a) security, the defence of Australia or Australia’s relations with other countries; or (b) law enforcement operations, including methodologies and investigative techniques; or (c) the privacy of individuals; or (d) confidential commercial information; or (e) the fair trial of a person or the impartial adjudication of a matter. (3) The Inspector‑General must give a copy of the response to the responsible Minister. #### 24 Action as a result of reports—general (1) If the Inspector‑General has conducted an inquiry under this Act into a matter relating to a Commonwealth agency and has, under section 22, given a final agency copy of the report in relation to the inquiry to the head of the agency, the head of the agency must, if he or she takes or proposes to take any action as a result of the conclusions and recommendations set out in the report, give to the Inspector‑General details of the action taken or proposed to be taken. (2) If, in the opinion of the Inspector‑General, the head of a Commonwealth agency does not, as a result of the conclusions and recommendations set out in a report, take, within a reasonable period, action that is adequate and appropriate in the circumstances: (a) the Inspector‑General may discuss the matter with the responsible Minister and prepare a report relating to that matter; and (b) if the Inspector‑General prepares such a report, he or she must give a copy of the report to: (i) if the inquiry was conducted as a result of a request made by the Prime Minister under section 9—the Prime Minister; and (ii) in any case—the Attorney‑General. (3) In addition, the Inspector‑General may give a copy of a report prepared under paragraph (2)(a) to the Prime Minister if the Inspector‑General considers it appropriate to do so. #### 24A Action as a result of certain reports relating to heads of Commonwealth agencies (1) This section applies if the Inspector‑General: (a) has conducted an inquiry under this Act into a matter relating to a Commonwealth agency; and (b) has given a final agency copy in relation to the inquiry to the responsible Minister in relation to the agency, or to the Secretary of the Defence Department, under subparagraph 22(1)(b)(ii). (2) If the responsible Minister or the Secretary takes or proposes to take any action as a result of the conclusions and recommendations set out in the report, he or she must give to the Inspector‑General details of the action taken or proposed to be taken. (3) If, in the opinion of the Inspector‑General, the responsible Minister or the Secretary does not take, within a reasonable period, action that is adequate and appropriate in the circumstances: (a) the Inspector‑General may prepare a report relating to that matter; and (b) if the Inspector‑General prepares such a report, he or she must give a copy of the report to: (i) if the inquiry was conducted as a result of a request made by the Prime Minister under section 9—the Prime Minister; and (ii) in any case—the Attorney‑General. (4) In addition, the Inspector‑General may give a copy of a report prepared under paragraph (3)(a) to the Prime Minister if the Inspector‑General considers it appropriate to do so. #### 25 Reports concerning collection or communication of intelligence (1) If: (a) the Inspector‑General has, in accordance with paragraph 8(1)(d), inquired into a question to which a direction given to ASIO by the responsible Minister relates; and (b) the Inspector‑General concludes that the direction given by the Minister to ASIO was not justified; the Inspector‑General must, in addition to giving a copy of the report in relation to the inquiry to the responsible Minister, give a copy of the report to the Attorney‑General. (2) In addition, the Inspector‑General may give a copy of the report to the Prime Minister if the Inspector‑General considers it appropriate to do so. #### 25A Reports relating to other inspections If the Inspector‑General completes an inspection of an intelligence agency under section 9A, the Inspector‑General may prepare a report on the inspection (which may include the Inspector‑General’s conclusions and recommendations) for the responsible Minister or the head of the relevant agency. > Note: The Inspector‑General may only disclose tax information, financial transaction reports information or AUSTRAC information as permitted under Subdivision 355‑C in Schedule 1 to the Taxation Administration Act 1953 or Part 11 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. #### 25B Reports relating to preliminary inquiries If the Inspector‑General makes inquiries of the head of an intelligence agency under section 14 (preliminary inquiries), the Inspector‑General may prepare a report on the inquiry (which may include the Inspector‑General’s conclusions and recommendations) for the responsible Minister or the head of the relevant agency. > Note: The Inspector‑General may only disclose tax information, financial transaction reports information or AUSTRAC information as permitted under Subdivision 355‑C in Schedule 1 to the Taxation Administration Act 1953 or Part 11 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. ## Part III—Administrative Provisions #### 26 Terms and conditions of appointment (1) The Inspector‑General holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment but, subject to subsection (2), is eligible for re‑appointment. (2) A person is not eligible to be appointed to the office of Inspector‑General more than twice. (3) A person holding office as Inspector‑General, other than a person who is a Judge, holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General. (4) The Inspector‑General may be appointed on a full‑time or part‑time basis. #### 27 Remuneration and allowances (1) Subject to this section, the Inspector‑General is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration is in operation, the Inspector‑General is to be paid such remuneration as is prescribed. (2) The Inspector‑General is to be paid such allowances as are prescribed. (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973. (4) If a person who is a Judge is appointed as Inspector‑General, the person is not, while receiving salary or annual allowance as a Judge, entitled to remuneration under this Act. #### 28 Leave of absence (1) A person appointed as Inspector‑General has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Attorney‑General may grant to a person appointed as Inspector‑General leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Attorney‑General determines. #### 29 Resignation A person appointed as Inspector‑General may resign that office by writing signed by the Inspector‑General and delivered to the Governor‑General. #### 30 Termination of appointment (1) The Governor‑General may terminate the appointment of the Inspector‑General: (a) for misbehaviour; or (b) if the Inspector‑General is unable to perform the duties of the Inspector‑General’s office because of physical or mental incapacity. (2) If the Inspector‑General: (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; (c) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; the Governor‑General must terminate the appointment of the Inspector‑General. (2A) The Governor‑General may terminate the appointment of the Inspector‑General if: (a) the Inspector‑General holds office on a full‑time basis; and (b) the Inspector‑General: (i) engages, except with the approval of the Attorney‑General, in paid work outside the duties of the Inspector‑General’s office; or (ii) is absent from duty, except on leave, for 14 consecutive days or for 28 days in any period of 12 months. (3) A reference in subsections (1), (2) and (2A) to a person holding office as Inspector‑General does not include a reference to a person who is a Judge. (4) If a person appointed as Inspector‑General is a Judge and that person ceases to be a Judge, the Governor‑General may terminate the appointment of that person. #### 32 Staff (1) The staff necessary to assist the Inspector‑General are: (a) persons engaged under the Public Service Act 1999; and (b) any persons employed under subsection (3); and (c) a consultant or contractor engaged to assist the Inspector‑General under section 32AAA or 32AAB; and (d) a person who is made available by another body or organisation to assist the Inspector‑General under section 32AAD. (2) For the purposes of the Public Service Act 1999: (a) the Inspector‑General and the APS employees assisting the Inspector‑General together constitute a Statutory Agency; and (b) the Inspector‑General is the Head of that Statutory Agency. (3) The Inspector‑General may, by written agreement, employ a person to assist the Inspector‑General to perform functions and exercise powers under Division 3 or 4 of Part II for the purposes of a particular inquiry specified in the agreement, as delegated under subsection 32AA(1). (4) However, the Inspector‑General may only employ a person in relation to a particular inquiry if the responsible Minister is satisfied that: (a) it is necessary to employ a person in relation to the particular inquiry; and (b) the person has the expertise appropriate to the inquiry. (5) The Inspector‑General must determine in writing the terms and conditions of employment of the persons mentioned in paragraph (1)(b). (6) Unless the responsible Minister otherwise agrees in relation to a particular inquiry, the person proposed to be employed in relation to the inquiry must be cleared for security purposes to at least the same level, and at the same frequency, as staff members of ASIS. #### 32AAA Consultants (1) The Inspector‑General may, on behalf of the Commonwealth, engage as consultants persons having suitable qualifications and experience to assist in the performance of the Inspector‑General’s functions. (2) The engagement of a consultant must be by written agreement. (3) The terms and conditions of engagement are those that the Inspector‑General determines in writing. #### 32AAB Contracted service providers (1) The Inspector‑General may, on behalf of the Commonwealth, engage a contracted service provider to assist in the performance of the Inspector‑General’s functions. (2) The engagement of a contracted service provider must be by written agreement. (3) The terms and conditions of engagement are those that the Inspector‑General determines in writing. #### 32AAC Secondment of employees of Inspector‑General Secondment (1) The Inspector‑General may, in writing, arrange for an employee of the Inspector‑General to be seconded for a specified period to a body or organisation whether within or outside Australia. Termination of secondment (2) The Inspector‑General may at any time, by notice given to the body or organisation to which an employee of the Inspector‑General is seconded under subsection (1), terminate the secondment. #### 32AAD Secondment of persons to the Inspector‑General (1) The Inspector‑General may, by written agreement with a body or organisation (whether within or outside Australia), arrange for a person who is an officer, employee or other member of staff of the body or organisation to be made available to the Inspector‑General to perform services in connection with the performance of its functions or the exercise of its powers. (2) The terms and conditions (including remuneration and allowances) applicable to a person performing services under an agreement are those specified in the agreement. #### 32AA Delegation (1) The Inspector‑General may, by writing signed by the Inspector‑General, delegate all or any of his or her functions or powers under Division 3 or 4 of Part II to a person referred to in subsection 32(3) for the purposes of the particular inquiry concerned. > Note 1: For further provisions relating to delegations, see sections 34AB and 34A of the Acts Interpretation Act 1901. > Note 2: For variation and revocation of an instrument of delegation, see subsection 33(3) of the Acts Interpretation Act 1901. (1A) The Inspector‑General may, by writing signed by the Inspector‑General, delegate all or any of the Inspector‑General’s functions or powers under any other provision of this Act (other than subsection 32(3)), or any other Act, to a member of staff assisting the Inspector‑General engaged under the Public Service Act 1999 who the Inspector‑General believes has appropriate expertise relating to the function or power delegated. (2) In exercising functions or powers under a delegation under subsection (1) or (1A), the delegate must comply with any written directions of the Inspector‑General. (3) On request by a person affected by a delegate’s performance of a function, or exercise of a power, the delegate must produce the instrument of delegation (or a copy of it) for the person to inspect. ## Part IIIA—Relationships with other agencies and information sharing ### Division 1—Avoiding duplication of oversight #### 32AB Avoiding duplication of oversight (1) For the purpose of avoiding duplicating oversight of matters by both: (a) the Inspector‑General; and (b) an integrity body or the Auditor‑General; the Inspector‑General must have regard to the functions of those bodies and the Auditor‑General. (2) The Inspector‑General may consult an integrity body, or the Auditor‑General, in relation to a particular matter if the Inspector‑General considers it appropriate to do so for the purpose of avoiding more than one inquiry being conducted into the matter. ### Division 2—Sharing information with the Inspector‑General #### 32AC Protection for persons providing information voluntarily to the Inspector‑General (1) This section applies in relation to a person if the person voluntarily provides, or makes available, information or documents to the Inspector‑General for any of the following purposes: (a) the Inspector‑General conducting an inspection under section 9A; (b) making a complaint under Division 2 of Part II; (c) the Inspector‑General conducting a preliminary inquiry under section 14, or any other action taken by the Inspector‑General for the purpose of deciding whether to inquire into a matter; (d) the Inspector‑General conducting an inquiry under Division 3 of Part II. Person not liable to penalties or prosecution under other Commonwealth laws (2) The person is not (subject to subsections (5) and (6)) liable to a penalty or to be prosecuted for an offence under a provision of any other law of the Commonwealth for providing or making available the information or documents. Use immunity (3) The information or documents, and the providing or making available of the information or documents, are not (subject to subsection (5)) admissible in evidence against the person in any court or in any proceedings before a person authorised to hear evidence. Legal professional privilege (4) The providing or making available of the information or documents does not affect any legal professional privilege that is, or may be, claimed by any person in relation to the information or documents. Exceptions (5) Subsections (2) and (3) do not apply in relation to proceedings for an offence against: (a) section 137.1 or 137.2 (false or misleading information and documents), 145.1 (using forged document) or 149.1 (obstructing Commonwealth officials) of the Criminal Code, to the extent that that offence relates to this Act; or (b) Division 3 of Part III of the Crimes Act 1914 (offences relating to evidence and witnesses), to the extent that that offence relates to this Act; or (c) section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to an offence referred to in paragraph (a) or (b) of this subsection. (6) Subsection (2) does not apply if the provision referred to in that subsection: (a) is enacted after the commencement of this section; and (b) is expressed to have effect despite this section. > Note: This section applies subject to sections 100 to 102 of the National Anti‑Corruption Commission Act 2022, including those sections as modified by section 214 of that Act. #### 32AD Security of Commonwealth agency information and documents (1) This section applies if: (a) the Inspector‑General requires access to information or documents in the possession of a Commonwealth agency for the purposes of conducting: (i) an inspection under section 9A; or (ii) a preliminary inquiry under section 14, or any other action taken by the Inspector‑General for the purpose of deciding whether to inquire into a matter; or (iii) an inquiry under Division 3 of Part II; and (b) the information or documents have a national security or other protective security classification; and (c) the Inspector‑General intends to do any of the following for the purposes of exercising powers or performing functions or duties as the Inspector‑General: (i) remove the documents from the possession of the agency; (ii) make copies or take extracts from the information or documents; (iii) examine or otherwise make use of the information or documents. (2) The Inspector‑General must make arrangements to protect from unauthorised disclosure: (a) the information, documents, copies or extracts; and (b) any other information obtained from the documents, copies or extracts; taking into account any advice provided by the head of the relevant agency. #### 32AE Authorisation for the purposes of the Privacy Act 1988 (1) This section applies for the purposes of the Privacy Act 1988, including as it applies in relation to a service provider under section 187LA of the Telecommunications (Interception and Access) Act 1979. (2) A person is authorised to give or make available personal information (within the meaning of the Privacy Act 1988) to an IGIS official for the purpose of the IGIS official performing a function or duty or exercising a power as an IGIS official. ### Division 3—Information sharing by the Inspector‑General #### 32AF Information sharing with integrity bodies (1) The Inspector‑General may share information or documents with an integrity body (the receiving body) if: (a) the information or documents are obtained by an IGIS official in the course of exercising powers, or performing functions or duties, as an IGIS official; and (b) the information or documents are relevant to the receiving body’s functions; and (c) the Inspector‑General is satisfied on reasonable grounds that the receiving body has satisfactory arrangements in place for protecting the information or documents. (2) To avoid doubt, the Inspector‑General may share information or documents with an integrity body whether or not the Inspector‑General is transferring a complaint or part of a complaint to the integrity body. (3) Without limiting paragraph (1)(c) or subsection 32AD(2), the Inspector‑General may make arrangements with the head of an intelligence agency in relation to protecting information or documents provided to the Inspector‑General by the agency. #### 32AG Transferring complaints to other integrity bodies If the Inspector‑General decides under subsection 11(4A) not to inquire into, or not to inquire further into, a complaint or part of a complaint in relation to action taken by an intelligence agency, the Inspector‑General may transfer all or part of the complaint to the integrity body for the complaint. > Note: The complaint is taken to have been made under the Act establishing the integrity body (see sections 46PZ of the Australian Human Rights Commission Act 1986, 5B of the Ombudsman Act 1976 and 49B of the Privacy Act 1988). #### 32AH Complaints transferred by integrity bodies For the purposes of this Act, a complaint is taken to have been made to the Inspector‑General under this Act if all or part of the complaint is transferred (however described) to the Inspector‑General by an integrity body. > Note: Complaints may be transferred to the Inspector‑General under subsections 11(3) and 20(4C) of the Australian Human Rights Commission Act 1986, 6F(3) of the Ombudsman Act 1976 and 50(2) of the Privacy Act 1988. ## Part IV—Miscellaneous #### 32A Inspector‑General may obtain reports (1) This section applies to the following documents: (a) in the case of ASIO—a report referred to in subsection 94(1) of the Australian Security Intelligence Organisation Act 1979 without deletions; (b) in the case of ASIS and ASD—a report prepared on a periodic basis and given to the responsible Minister; (c) in the case of ONI—a report given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013; (d) in the case of AGO and DIO—a report prepared on a periodic basis and given to the Secretary of the Defence Department; (e) in the case of ACIC or the Australian Federal Police: (i) a report given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013; or (ii) any other report prepared on a periodic basis, and given to the responsible Minister, that the Inspector‑General is satisfied relates to the performance by ACIC or the Australian Federal Police of its intelligence functions; (f) in the case of ACIC—a report that: (i) is provided to the Board of ACIC or to the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002; and (ii) the Inspector‑General is satisfied relates to the performance by ACIC of its intelligence functions; if the report was prepared: (iii) by the CEO of ACIC; or (iv) by the Chair of the Board and is in the possession of ACIC. (2) The Inspector‑General may, in writing, request the head of an intelligence agency to give him or her a single copy of a document to which this section applies. (3) The Inspector‑General must sign the request. (4) As soon as practicable after the head of the agency receives the request, he or she must, subject to subsection (5), give to the Inspector‑General a single copy of the document specified in the request. (5) If: (a) in the case of ASIO, ASIS, ASD and ONI, the head of the agency has not provided the responsible Minister with a copy of a report; or (aa) in the case of ACIC or the Australian Federal Police, the head of the agency has not provided the responsible Minister with a copy of a report mentioned in subparagraph (1)(e)(i); or (b) in the case of AGO and DIO, the head of the agency has not provided the Secretary of the Defence Department with a copy of a report; the head need not give a copy of the report to the Inspector‑General until the head has given the report to the responsible Minister or Secretary, as the case may be. (6) In the case of ACIC, if the CEO of ACIC or the Chair of the Board (as the case requires) has not given the Board or the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002 a copy of a report mentioned in paragraph (1)(f), the CEO or Chair need not give a copy of the report to the Inspector‑General until the report has been given to the Board or the Inter‑Governmental Committee (as the case requires). #### 32B Minister to give directions and guidelines to Inspector‑General (1) This section applies to any guidelines or directions given by the responsible Minister to the head of ASIS, AGO, DIO, ASD or ONI. (1A) This section also applies to any guidelines or directions: (a) that relate to the performance by ACIC or the Australian Federal Police of that agency’s intelligence functions; and (b) that are given: (i) by the responsible Minister to the head of ACIC or the Australian Federal Police; or (ii) to ACIC by the Board of ACIC or by the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002. (2) As soon as practicable after a direction or guideline is given to the head of that agency, the Inspector‑General must be given a copy of the direction or guideline by: (a) the Minister; or (b) for directions or guidelines referred to in subparagraph (1A)(b)(ii)—the CEO of ACIC. #### 33 Protection from civil actions (1) Neither the Inspector‑General nor a person acting on behalf of the Inspector‑General is liable to an action or other proceeding for damages for or in relation to any act done or omitted to be done in good faith in performance or purported performance of any function, or in exercise or purported exercise of any power, conferred on the Inspector‑General. (2) If: (a) a complaint has been made to the Inspector‑General; or (b) a document has been produced, or information or evidence has been given, to the Inspector‑General; a person is not liable to an action, suit or proceeding in respect of loss, damage or injury of any kind suffered by another person by reason only that the complaint was made, the document was produced or the information or evidence was given. #### 34 Secrecy Offence—unauthorised disclosure of information acquired under this Act (1) Subject to subsection (1A), a person who is an IGIS official, or former IGIS official, must not, either directly or indirectly, except in the performance of his or her functions or duties or in the exercise of his or her powers under this Act or the Public Interest Disclosure Act 2013: (a) make a record of, or divulge or communicate to any person or to a court, any information or document acquired under this Act by reason of the person holding, or acting in, that office; or (b) make use of any such information or document. Penalty: Imprisonment for 2 years or 50 penalty units, or both. Offence—unauthorised disclosure of information acquired under the Freedom of Information Act 1982 (1AA) Subject to subsection (1A), a person who is an IGIS official, or former IGIS official, must not, either directly or indirectly, except in the performance of his or her functions or duties or in the exercise of his or her powers under Division 9 of Part VII or section 60A of the Freedom of Information Act 1982: (a) make a record of, or divulge or communicate to any person or to a court, any information or document acquired under that Division or section by reason of the person holding, or acting in, that office; or (b) make use of any such information or document. Penalty: Imprisonment for 2 years or 50 penalty units, or both. Offence—unauthorised disclosure of information acquired under the Archives Act 1983 (1AB) Subject to subsection (1A), a person who is an IGIS official, or former IGIS official, must not, either directly or indirectly, except in the performance of his or her functions or duties or in the exercise of his or her powers under section 50A of the Archives Act 1983: (a) make a record of, or divulge or communicate to any person or to a court, any information or document acquired under that section by reason of the person holding, or acting in, that office; or (b) make use of any such information or document. Penalty: Imprisonment for 2 years or 50 penalty units, or both. Exception (1A) Subsections (1), (1AA) and (1AB) do not apply if the Inspector‑General: (a) believed on reasonable grounds that the making of the record, or the divulging, communicating or use of the information or document (the conduct) by the person mentioned in the subsection is necessary for the purpose of preserving the well‑being or safety of another person; and (b) authorised the person mentioned in the subsection to engage in the conduct for that purpose. Dealing with offence as indictable or summary offence (2) An offence against subsection (1), (1AA) or (1AB) is an indictable offence. (3) Notwithstanding that an offence against subsection (1), (1AA) or (1AB) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is appropriate to do so and the defendant and the prosecutor consent. (4) If, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection (1), (1AA) or (1AB), the penalty that the court may impose is imprisonment for a period not exceeding 12 months or a fine not exceeding 20 penalty units, or both. Limitation on disclosures to courts (5) A person who is an IGIS official, or former IGIS official, must not be required to: (a) produce in a court any document of which the person has custody, or to which the person has access, because the person is performing functions or duties or exercising powers under this Act, Division 9 of Part VII or section 60A of the Freedom of Information Act 1982 or section 50A of the Archives Act 1983; or (b) divulge or communicate to a court any information obtained by the person because the person is performing those functions or duties or exercising those powers; except if it is necessary to do so: (ba) if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under this Act—for the purposes of this Act; and (bb) if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under Division 9 of Part VII of the Freedom of Information Act 1982—for the purposes of that Division; and (bc) if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under section 60A of the Freedom of Information Act 1982—for the purposes of that section; and (bd) if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under section 50A of the Archives Act 1983—for the purposes of that section; and (c) if the information is obtained by the person because the person is performing functions or duties or exercising powers under this Act: (i) unless subparagraph (ii) applies—for the purposes of this Act; or (ii) if the information is obtained for the purposes of an investigation by the Inspector‑General under the Public Interest Disclosure Act 2013—for the purposes of that Act; and (ca) if the information is obtained by the person because the person is performing functions or duties or exercising powers under Division 9 of Part VII of the Freedom of Information Act 1982—for the purposes of that Division; and (d) if the information is obtained by the person because the person is performing functions or duties or exercising powers under section 60A of the Freedom of Information Act 1982—for the purposes of that section; and (e) if the information is obtained by the person because the person is performing functions or duties or exercising powers under section 50A of the Archives Act 1983—for the purposes of that section. Section generally to apply despite other laws (5A) This section applies despite any other provision of a law of the Commonwealth unless that provision manifests a clear intention to apply despite this section (for example, by explicitly authorising or requiring an IGIS official to use or disclose information). > Note: A requirement in a law of the Commonwealth that applies generally to an APS employee, and does not refer explicitly to an IGIS official, would not manifest a clear intention to apply despite this section. (5B) This section applies despite any provision of a law of a State or Territory. Definitions for this section (6) In this section: > court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. > produce includes permit access to. #### 34AA Disclosure of IPO information to the Ombudsman and the Australian Designated Authority etc. (1) The Inspector‑General, or a member of the staff of the Inspector‑General, may divulge or communicate IPO information to an Ombudsman official if: (a) the information is relevant to the Ombudsman’s functions or powers; and (b) the Inspector‑General is satisfied on reasonable grounds that the Ombudsman has satisfactory arrangements in place for protecting the information. (2) The Inspector‑General, or a member of the staff of the Inspector‑General, may divulge or communicate IPO information to an Australian Designated Authority official if: (a) the information is relevant to the Australian Designated Authority’s functions or powers under Schedule 1 to the Telecommunications (Interception and Access) Act 1979; and (b) the Inspector‑General is satisfied on reasonable grounds that the Australian Designated Authority has satisfactory arrangements in place for protecting the information. (3) In this section: > Australian Designated Authority has the same meaning as in Schedule 1 to the Telecommunications (Interception and Access) Act 1979. > Australian Designated Authority official means: (a) the Australian Designated Authority; or (b) a person who: (i) is an APS employee in the Department administered by the Attorney‑General; and (ii) has duties relating to the functions or powers of the Australian Designated Authority under Schedule 1 to the Telecommunications (Interception and Access) Act 1979. > IPO information means: (a) protected information within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979; or (b) information relevant to the operation of that Schedule. > Ombudsman official has the same meaning as in the Telecommunications (Interception and Access) Act 1979. #### 34AB Disclosure of information or documents to the National Anti‑Corruption Commission (1) The Inspector‑General, or a member of the staff of the Inspector‑General, may divulge or communicate information, or give documents, to a staff member of the NACC if: (a) the information is, or the documents are, relevant to the National Anti‑Corruption Commissioner’s functions or powers; and (b) the Inspector‑General is satisfied on reasonable grounds that the National Anti‑Corruption Commissioner has satisfactory arrangements in place for protecting the information or documents. (2) The Inspector‑General, or a member of the staff of the Inspector‑General, may divulge or communicate information, or give documents, to the Inspector of the National Anti‑Corruption Commission or a person assisting the Inspector if: (a) the information is, or the documents are, relevant to the Inspector of the National Anti‑Corruption Commission’s functions or powers; and (b) the Inspector‑General is satisfied on reasonable grounds that the Inspector of the National Anti‑Corruption Commission has satisfactory arrangements in place for protecting the information or documents. (3) This section applies despite anything in this Act or any other Act. (4) In this section: > person assisting the Inspector has the same meaning as in the National Anti‑Corruption Commission Act 2022. > staff member of the NACC has the same meaning as in the National Anti‑Corruption Commission Act 2022. #### 34A Information and documents may be given to Royal Commissioners (1) The purpose of this section is to further the inquiries to be conducted by a Commission. (2) This section applies in spite of anything in this or any other Act. (3) The Inspector‑General, or a former Inspector‑General, may give a Commission: (a) information acquired in his or her capacity as Inspector‑General; or (b) documents of which he or she has custody, or to which he or she has access, in that capacity. (4) The Inspector‑General may, in writing, authorise an IGIS official or former IGIS official to give information or documents to a Commission. (5) An authorised IGIS official or former IGIS official may give a Commission, in accordance with the authorisation: (a) information acquired in his or her capacity as an IGIS official; or (b) documents of which he or she has custody, or to which he or she has access, in that capacity. (6) The Inspector‑General, a former Inspector‑General, an IGIS official or a former IGIS official may give information or documents to his or her legal adviser for any purpose related to the person’s involvement, or possible involvement, in the inquiry conducted by, or any other activities of, a Commission. (7) In this section: > Commission means a Royal Commission (within the meaning of the Royal Commissions Act 1902) prescribed for the purposes of this definition and includes: (a) a person appointed to assist the person or persons constituting the Commission; and (b) a person or employee under the control of the person or persons constituting the Commission; performing any function in relation to the inquiry concerned. > Inspector‑General includes an acting Inspector‑General. #### 34C No evidential burden for IGIS officials in relation to defences to secrecy offences (1) Despite subsections 13.3(2) and (3) of the Criminal Code, in a prosecution for any offence of: (a) disclosing, making a record of, or using, information or a document; or (b) causing information or a document to be disclosed, recorded or used; an IGIS official does not bear an evidential burden in relation to whether the disclosure, record or use is for the purposes of, or in connection with, that or any other IGIS official exercising a power, or performing a function or duty, as an IGIS official. (2) Subsection (1) applies even if the offence referred to in that subsection has additional physical elements to those referred to in paragraph (1)(a) or (b). (3) To avoid doubt: (a) an offence may be covered by subsection (1) even if the offence does not refer to disclosing, making a record of, or using, information or a document; and (b) without limiting paragraph (a): (i) disclosing information or a document includes communicating information or a document; and (ii) making a record of information or a document includes reproducing information or a document; and (iii) using information or a document includes dealing with, reading or examining information or a document. #### 35 Annual report Contents of annual report (2) The Inspector‑General must include in an annual report prepared by the Inspector‑General and given under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period the Inspector‑General’s comments on any inquiry conducted by the Inspector‑General in accordance with paragraph 8(1)(d) or 8(3)(c) during the period to which the report relates. (2A) The Inspector‑General must include in a report referred to in subsection (2) the Inspector‑General’s comments on any inspection conducted under section 9A during the period to which the report relates. (2AA) The Inspector‑General must include in a report referred to in subsection (2) the Inspector‑General’s comments on: (a) the employment of any person under subsection 32(3) during the period to which the report relates (whether or not the employment commenced during that period); and (b) any delegation under subsection 32AA(1) in force during the period to which the report relates. (2AB) The Inspector‑General must include in a report referred to in subsection (2): (a) the number of complaints made to the Inspector‑General under Division 2 of Part II of this Act during the period to which the report relates; and (b) the kinds of matters to which the complaints related; and (c) the actions taken by the Inspector‑General in response to the complaints, including the number of inquiries conducted by the Inspector‑General in response to the complaints; and (d) a summary of the actions taken by the relevant intelligence agencies in response to the following: (i) the complaints; (ii) the Inspector‑General’s conclusions and recommendations as a result of the inquiries. (2AC) The Inspector‑General must include in a report referred to in subsection (2): (a) the number of disclosures of information received by the Inspector‑General under the Public Interest Disclosure Act 2013 during the period to which the report relates; and (b) the kinds of disclosable conduct with which the information was concerned; and (c) the actions taken by the Inspector‑General to handle the disclosures, including: (i) the number of inquiries conducted by the Inspector‑General under this Act; and (ii) the number of investigations conducted by the Inspector‑General under the Public Interest Disclosure Act 2013; and (d) a summary of the actions taken by the relevant intelligence agencies in response to the following: (i) the disclosures; (ii) the Inspector‑General’s conclusions and recommendations as a result of the inquiries or investigations; (iii) any other matters set out in reports relating to the inquiries or investigations. (2AD) The head of an intelligence agency must give the Inspector‑General such information and assistance as the Inspector‑General reasonably requires in relation to the matters mentioned in paragraphs (2AB)(d) and (2AC)(d). (2B) The Inspector‑General must include in a report referred to in subsection (2) the Inspector‑General’s comments on the extent of compliance by ASIS, AGO, ASD and DIO, during the period to which the report relates, with rules made under section 15 or 41C of the Intelligence Services Act 2001. > Note: The rules referred to in this subsection regulate the communication and retention of intelligence information (within the meaning of the Intelligence Services Act 2001) concerning Australian persons (within the meaning of that Act). (2C) The Inspector‑General must include in a report referred to in subsection (2) the Inspector‑General’s comments on the extent of compliance by ONI, during the period to which the report relates, with privacy rules made under section 53 of the Office of National Intelligence Act 2018. > Note: The rules referred to in this subsection regulate the collection, communication, handling and retention of certain information that is personal information about an Australian citizen or permanent resident (within the meaning of the Office of National Intelligence Act 2018). (2D) The Inspector‑General may include in a report referred to in subsection (2) the Inspector‑General’s comments on any other activity of the Inspector‑General during the period to which the report relates. Report to be given to the Leader of the Opposition (3) A copy of a report referred to in subsection (2) must be given to the Leader of the Opposition in the House of Representatives, but it is the duty of the Leader of the Opposition to treat as secret any part of the report that is not tabled in a House of the Parliament. Tabling of annual report (4) Subject to subsection (5), the Attorney‑General must cause a copy of a report referred to in subsection (2) to be laid before each House of the Parliament as soon as practicable after the report is received by the Attorney‑General. (5) For the purposes of subsection (4), the Attorney‑General may make such deletions from a report referred to in subsection (2) as the Attorney‑General considers necessary in order to avoid prejudice to security, the defence of Australia, Australia’s relations with other countries, law enforcement operations or the privacy of individuals. #### 36 Regulations The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.