Inspector-General of Intelligence and
Security Amendment Act 1994

No. 50 of 1994

An Act to amend the Inspector-General of Intelligence and
Security Act 1986

[Assented to 7 April 1994]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Inspector-General of Intelligence and Security Amendment Act 1994.

(2)  In this Act, “Principal Act” means the Inspector-General of Intelligence and Security Act 1986¹.

Commencement

2.    This Act commences on the day on which it receives the Royal Assent.

Insertion of new section

3. After section 34 of the Principal Act the following section is inserted:

Information and documents may be given to Royal Commissioners

“34A.(1) The purpose of this section is to further the inquiries to be conducted by the Commissions.

“(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 a staff member or former staff member to give information or documents to a Commission.

“(5)            An authorised staff member or former staff member may give a Commission, in accordance with the authorisation:

(a)   information acquired in his or her capacity as a staff member; 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, a staff member or a former staff member 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)   the Commission of inquiry into matters relating to the Australian Secret Intelligence Service issued by the Governor-General by Letters Patent dated 15 March 1994 to the Honourable Gordon Jacob Samuels AC QC; or

(b)  the Commission of inquiry into matters relating to the Australian Secret Intelligence Service issued by the Governor-General by Letters Patent dated 15 March 1994 to Michael Henry Codd AC;

and includes:

(c)   the Commissioner concerned; and

(d)  any person appointed to assist a Commission; and

(e)   any member of staff of a Commission;

performing any function in relation to the inquiry concerned;

‘Inspector-General’ includes an acting Inspector-General;

‘staff member’ means a member of the staff of the Inspector-General.”.

NOTE

1.    No. 101, 1986, as amended. For previous amendments, see No. 141, 1987; No. 159, 1989; No. 75, 1990; and Nos. 122 and 199, 1991.

[Minister’s second reading speech made in—

Senate on 16 March 1994

House of Representatives on 24 March 1994]