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Inspector-General of Intelligence and Security Act 1986
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Administered by
Attorney-General's Department
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C2023C00486 (C42)
12 December 2023
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Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Objects of Act
5 Application of Act
5A Application of the Criminal Code
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Part II—Inspector General
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Division 1—Establishment and functions of Inspector General
6 Inspector General of Intelligence and Security
6AA The Office of the Inspector General of Intelligence and Security
6A Acting Inspector General
7 Appointment of Judge as Inspector General not to affect tenure etc.
8 Intelligence agency inquiry functions of Inspector General
8A Public interest disclosure functions of Inspector General
9 Additional inquiry functions of Inspector General
9AA Limits on the Inspector General’s functions
9A Inspection functions of Inspector General
9B Power to enter places relating to questioning warrants
Division 2—Complaints
10 Form of complaints
11 Inquiry into complaint
12 Procedure if complaint not pursued
13 Special arrangements for persons in custody
Division 2A—Preliminary inquiries
14 Preliminary inquiries
Division 3—Inquiries
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Subdivision A—Obligations before commencing an inquiry
15 Inspector General to inform certain persons before commencing an inquiry
Subdivision B—Conduct of inquiries
17 Conduct of inquiries
17A Obligation when evidence of breach of duty or misconduct
Subdivision C—General powers in relation to inquiries
18 Power to obtain information and documents
19 Entry to premises occupied by a Commonwealth agency
19A Power to enter places relating to questioning warrants
Division 4—Reports
20A Reports under this Act and other Acts
21 Draft reports relating to inquiries
22 Reports relating to inquiries given to Commonwealth agency head etc.
23 Advice to complainant
24 Action as a result of reports—general
24A Action as a result of certain reports relating to heads of Commonwealth agencies
25 Reports concerning collection or communication of intelligence
25A Reports relating to other inspections
25B Reports relating to preliminary inquiries
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Part III—Administrative Provisions
26 Terms and conditions of appointment
27 Remuneration and allowances
28 Leave of absence
29 Resignation
30 Termination of appointment
32 Staff
32AAA Consultants
32AAB Contracted service providers
32AAC Secondment of employees of Inspector General
32AAD Secondment of persons to the Inspector General
32AA Delegation
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Part IIIA—Relationships with other agencies and information sharing
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Division 1—Avoiding duplication of oversight
32AB Avoiding duplication of oversight
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Division 2—Sharing information with the Inspector General
32AC Protection for persons providing information voluntarily to the Inspector General
32AD Security of Commonwealth agency information and documents
32AE Authorisation for the purposes of the Privacy Act 1988
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Division 3—Information sharing by the Inspector General
32AF Information sharing with integrity bodies
32AG Transferring complaints to other integrity bodies
32AH Complaints transferred by integrity bodies
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Part IV—Miscellaneous
32A Inspector General may obtain reports
32B Minister to give directions and guidelines to Inspector General
33 Protection from civil actions
34 Secrecy
34AA Disclosure of IPO information to the Ombudsman and the Australian Designated Authority etc.
34AB Disclosure of information or documents to the National Anti Corruption Commission
34A Information and documents may be given to Royal Commissioners
34C No evidential burden for IGIS officials in relation to defences to secrecy offences
35 Annual report
36 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history