A Bill for an Act to amend the law relating to intelligence services, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Intelligence Services Legislation Amendment Act 2023.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day after this Act receives the Royal Assent. | |
| 2. Schedule 1, Parts 1 and 2 | The later of: (a) the start of the day that is 6 months after this Act receives the Royal Assent; and (b) the commencement of Schedule 1 to the Inspector‑General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2022. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
| 3. Schedule 1, Part 3 | The later of: (a) the commencement of the provisions covered by table item 2; and (b) the commencement of Parts 2 to 9 of the National Anti‑Corruption Commission Act 2022. | |
| 4. Schedule 1, Part 4 | The later of: (a) the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of Schedules 1 to 3 to the Public Interest Disclosure Amendment (Review) Act 2022. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
| 5. Schedule 1, Part 5 | The later of: (a) the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of Part 4 of Schedule 4 to the Public Interest Disclosure Amendment (Review) Act 2022. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
| 6. Schedule 2, Part 1 | Immediately after the commencement of the provisions covered by table item 2. However, the provisions do not commence at all if Schedule 1 to the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022 does not commence before that time. | |
| 7. Schedule 2, Part 2 | Immediately after the commencement of the provisions covered by table item 2. However, the provisions do not commence at all if Schedule 1 to the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022 commences before that time. | |
| 8. Schedule 2, Part 3 | Immediately after the commencement of Schedule 1 to the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022. However, the provisions do not commence at all if that Schedule commences before the commencement of the provisions covered by table item 2. | |
| 9. Schedule 2, Part 4 | Immediately after the commencement of the provisions covered by table item 2. However, the provisions do not commence at all if the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023 does not commence before that time. | |
| 10. Schedule 2, Part 5 | Immediately after the commencement of the provisions covered by table item 2. However, the provisions do not commence at all if the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023 commences before that time. | |
| 11. Schedule 2, Part 6 | Immediately after the commencement of the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023. However, the provisions do not commence at all if that Act commences before the provisions covered by table item 2. | |
| 12. Schedule 3 | Immediately after the commencement of the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023. However, the provisions do not commence at all if that Act does not commence. | |
| 13. Schedule 4 | The day after this Act receives the Royal Assent. | |
| 14. Schedule 5 | At the same time as the provisions covered by table item 2. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Main amendments
Inspector‑General of Intelligence and Security Act 1986
1 Subsection 3(1)
Insert:
AFP means the Australian Federal Police.
AUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
AUSTRAC CEO has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
Department of Home Affairs means the Department administered by the Minister administering the Australian Border Force Act 2015.
2 Subsection 3(1) (paragraph (ea) of the definition of head)
Repeal the paragraph, substitute:
(ea) in relation to AFP—the Commissioner of Police; or
(eb) in relation to AUSTRAC—the AUSTRAC CEO; or
(ec) in relation to the Department of Home Affairs—the Secretary of the Department of Home Affairs; or
3 Subsection 3(1) (definition of intelligence agency)
Repeal the definition, substitute:
intelligence agency means:
(a) ASIO, ASIS, AGO, DIO, ASD, ONI or ACIC; or
(b) the following agencies that have an intelligence function:
(i) AFP;
(ii) AUSTRAC;
(iii) the Department of Home Affairs.
4 Subsection 3(1) (definition of intelligence function)
Repeal the definition, substitute:
intelligence function has the meaning given by section 3A.
5 Subsection 3(1) (definition of law enforcement officer)
Omit “the Australian Federal Police”, substitute “AFP”.
6 After section 3
Insert:
3A Meaning of intelligence function
Meaning of intelligence function for AFP
(1) Intelligence function for AFP means:
(a) the collection, correlation, analysis, production and dissemination of intelligence by AFP to support the performance of its functions under paragraphs 8(1)(b), (baa), (bd), (be), (bf), (bg) and (bh) of the Australian Federal Police Act 1979; or
(b) the collection, correlation, analysis, production and dissemination of intelligence by AFP to support the performance of its functions under paragraph 8(1)(c) of the Australian Federal Police Act 1979 in relation to a function under any of the paragraphs of that Act mentioned in paragraph (a) of this subsection; or
(c) the collection, correlation, analysis, production and dissemination of intelligence obtained by AFP from the execution of a network activity warrant under Division 6 of Part 2 or Divisions 1 or 2 of Part 6 of the Surveillance Devices Act 2004; or
(d) a function or power conferred on a law enforcement officer of AFP by a Division referred to in paragraph (c).
(2) To avoid doubt, the functions mentioned in paragraphs (1)(a) and (b) of this section do not include:
(a) the arrest, charging or detention of suspected offenders; or
(b) the gathering of evidence, or any activity undertaken to directly support the gathering of evidence.
Meaning of intelligence function for AUSTRAC
(3) Intelligence function for AUSTRAC means the collection, correlation, analysis, production and dissemination of intelligence by AUSTRAC for the purposes of:
(a) the AUSTRAC CEO performing the CEO’s financial intelligence functions under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or
(b) AUSTRAC, the AUSTRAC CEO or any other official of AUSTRAC referred to in paragraph 209(4)(c) of that Act performing functions incidental to that function.
Meaning of intelligence function for the Department of Home Affairs
(4) Intelligence function for the Department of Home Affairs has the meaning given by the regulations.
(5) The regulations may provide for consultation requirements in relation to changes relating to the performance of intelligence functions of the Department of Home Affairs.
(6) Before the Governor‑General makes regulations for the purposes of subsection (4) or (5), the Minister must obtain the agreement of the Minister responsible for the Department of Home Affairs to the making of the regulations.
7 Subsection 8(3A) (heading)
Omit “ACIC or the Australian Federal Police”, substitute “AFP, AUSTRAC or the Department of Home Affairs”.
8 Subsection 8(3A)
Omit “ACIC or the Australian Federal Police are”, substitute “AFP, AUSTRAC or the Department of Home Affairs are”.
9 Subparagraph 8(3A)(h)(iii)
Omit “or the Sex Discrimination Act 1984;”, substitute “or the Sex Discrimination Act 1984.”.
10 Paragraph 8(3A)(i)
Repeal the paragraph.
11 Subsection 8(3B)
Repeal the subsection, substitute:
Intelligence agency inquiry functions in relation to ACIC
(4) Subject to this section, the functions of the Inspector‑General in relation to ACIC 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 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
(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, 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
(c) 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 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
(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 relates to the procedures of that agency relating to redress of grievances of employees of that agency; and
(e) 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 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.
12 Subsection 8(5)
Omit “and (3A)”, substitute “, (3A) and (4)”.
13 Subsection 8(5)
Omit “the Australian Federal Police”, substitute “AFP, AUSTRAC, the Department of Home Affairs”.
14 After subsection 8(5)
Insert:
(5A) The functions of the Inspector‑General under subsections (3A) and (4) do not include inquiring into a matter to which a complaint to the Inspector‑General relates, to the extent that:
(a) the complaint is made by a person performing functions or services for ACIC, AFP, AUSTRAC or the Department of Home Affairs in accordance with a contract, agreement or other arrangement; and
(b) the matter is directly related to:
(i) the contract, agreement or other arrangement; or
(ii) the performance of functions or services by the person under the contract, agreement or other arrangement, except in relation to the legality or propriety of the performance of the functions or services.
15 Paragraph 8(7)(a)
Omit “, ASIO employees or ASIO affiliates”, substitute “or ASIO employees”.
16 Subsection 8(8A)
Omit “, ASIO employees or ASIO affiliates”, substitute “or ASIO employees”.
17 After section 8
Insert:
8AA Inquiry functions of Inspector‑General undertaken at request of Parliamentary Joint Committee on Intelligence and Security
The functions of the Inspector‑General under subsections 8(1), (2), (3), (3A) and (4) that may be undertaken at the request of the Attorney‑General or the responsible Minister may also be undertaken as a result of a request by the Parliamentary Joint Committee on Intelligence and Security made under subsection 29(2A) of the Intelligence Services Act 2001.
Note: The Committee must not review certain matters or require the Inspector‑General to disclose certain information (see subsection 29(3) of the Intelligence Services Act 2001 and clause 1 of Schedule 1 to that Act).
18 Paragraph 8A(1)(c)
Omit “ACIC or the Australian Federal Police”, substitute “AFP, AUSTRAC or the Department of Home Affairs”.
19 Paragraph 9AA(b)
Omit “8(2)(a)(ii) and 8(3)(a)(ii)”, substitute “(2)(a)(ii), (3)(a)(ii) and (4)(a)(ii)”.
20 Paragraph 9AA(ba)
Omit “paragraph 8(3A)(i)”, substitute “paragraph 8(4)(e)”.
21 Section 9B
Repeal the section, substitute:
9B Power to enter places relating to certain warrants and directions
(1) For the purposes of an inspection under section 9A, the Inspector‑General may, at any reasonable time, enter any place where a person is being:
(a) questioned or apprehended in relation to a warrant issued under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979; or
(b) detained under section 31 or 34D of the Australian Crime Commission Act 2002.
(2) However, before entering the place, the Inspector‑General must notify the following person (as the case requires):
(a) the Director‑General of Security;
(b) the CEO of ACIC.
22 After paragraph 11(1)(a)
Insert:
(aa) the Inspector‑General is satisfied that the action is the kind of action that is reasonably likely to be taken by an intelligence agency; and
23 At the end of subsection 11(1)
Add:
Note: For paragraph (aa), action includes the making of a decision or recommendation, and the failure or refusal to take any action or to make a decision or recommendation (see subsection 3(2)).
24 Paragraph 11(2)(a)
Omit “was made;”, substitute “was made; or”.
25 Paragraph 15(3)(a)
Omit “the Australian Federal Police” (wherever occurring), substitute “AFP, AUSTRAC, the Department of Home Affairs”.
26 Section 19A
Repeal the section, substitute:
19A Power to enter places relating to certain warrants and directions
(1) For the purposes of an inquiry under this Act, the Inspector‑General may, at any reasonable time, enter any place where a person is being:
(a) questioned or apprehended in relation to a warrant issued under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979; or
(b) detained under section 31 or 34D of the Australian Crime Commission Act 2002.
(2) However, before entering the place, the Inspector‑General must notify the following person (as the case requires):
(a) the Director‑General of Security;
(b) the CEO of ACIC.
27 Paragraph 21(1B)(a)
Omit “the Australian Federal Police” (wherever occurring), substitute “AFP, AUSTRAC, the Department of Home Affairs”.
28 Subsection 22(4)
After “the responsible Minister”, insert “and the Attorney‑General”.
29 Subsections 22(5) and (6)
Repeal the subsections, substitute:
(5) The Inspector‑General must give a copy of the final agency copy, or version given to the responsible Minister and the Attorney‑General, under subsection (4) to the Prime Minister if:
(a) the inquiry was conducted as a result of a request under section 9; or
(b) the Prime Minister requests a copy; or
(c) the Inspector‑General considers it appropriate to do so.
30 After section 22
Insert:
22A Response to the Parliamentary Joint Committee on Intelligence and Security
(1) This section applies if, as a result of a request by the Parliamentary Joint Committee on Intelligence and Security made under subsection 29(2A) of the Intelligence Services Act 2001, the Inspector‑General completes an inquiry under this Act in respect of the operational activities of an intelligence agency.
(2) The Inspector‑General must (subject to this section) take reasonable steps to give a written response relating to the inquiry to the Committee, unless the Inspector‑General is satisfied on reasonable grounds that doing so would prejudice security, the defence of Australia or Australia’s relations with other countries.
Note: The Committee must not require the Inspector‑General to disclose operationally sensitive information or information that would or might prejudice Australia’s national security or the conduct of Australia’s foreign relations (see clause 1 of Schedule 1 to the Intelligence Services Act 2001).
Agreement and consultation with agency heads on response
(3) Before giving the response to the Committee, the Inspector‑General and the head of the intelligence agency must agree that the terms of the proposed response would 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) confidential commercial information held by AUSTRAC; or
(d) operationally sensitive information (within the meaning of Schedule 1 to the Intelligence Services Act 2001).
(4) In addition, before giving the response to the Committee, the Inspector‑General must consult the head of the intelligence agency on whether the terms of the proposed response would prejudice any of the following, and may remove those terms if the Inspector‑General considers appropriate:
(a) the privacy of one or more individuals;
(b) the fair trial of a person or the impartial adjudication of a matter.
(5) The Inspector‑General may also consult the head of any other intelligence agency on the terms of the proposed response.
Copy of response for responsible Minister, Prime Minister and Attorney‑General
(6) The Inspector‑General must give a copy of the response to the responsible Minister.
(7) In addition, the Inspector‑General may give the copy of the response to either or both the Prime Minister and the Attorney‑General, if the Inspector‑General considers it appropriate to do so.
Notification of reasons if response not given
(8) If, due to the operation of subsection (2) or (3), the Inspector‑General does not give a written response relating to the inquiry to the Committee, the Inspector‑General must notify the Committee that the response was not provided due to that operation.
31 Section 23 (heading)
Omit “Advice”, substitute “Response”.
32 Subsection 32AAD(1)
Omit “performance of its functions or the exercise of its powers”, substitute “performance of functions, or the exercise of powers, of the Inspector‑General”.
33 Before section 32AF
Insert:
32AEA Information sharing with Ministers
(1) To avoid doubt, the Inspector‑General may share information or documents about the Inspector‑General’s exercise of powers, or performance of functions or duties, with:
(a) the Attorney‑General; and
(b) a responsible Minister for a Commonwealth agency, if the information or documents relate to the Commonwealth agency.
(2) The information or documents may be about the exercise of powers, or performance of functions or duties, whether that exercise or performance is ongoing or has been completed.
34 After section 32AF
Insert:
32AFA Disclosure of ACIC examination material
(1) In this section, the following terms have the same meaning as in the Australian Crime Commission Act 2002:
(a) charged;
(b) disclose;
(c) examination material;
(d) examinee;
(e) imminent;
(f) related offence;
(g) special ACC investigation;
(h) special ACC operation.
Note: For the examinee for examination material, see subsection 4B(3) of the Australian Crime Commission Act 2002.
(2) Before examination material is shared by the Inspector‑General (except to an IGIS official), the Inspector‑General must consider, and consult with the CEO of ACIC as to, whether that sharing:
(a) might prejudice a person’s safety; or
(b) would reasonably be expected to prejudice the fair trial of the examinee for the examination material, if the examinee has been charged with a related offence or a charge for a related offence is imminent; or
(c) might prejudice the effectiveness of a special ACC operation or special ACC investigation.
Note 1: In addition to sections 32AEA and 32AF, the Inspector‑General or an IGIS official may share information in the performance of functions or duties, or the exercise of powers, under this or another Act (for example, see section 34 of this Act).
Note 2: The recipient of examination material (except an IGIS official) commits an offence under subsection 25A(14A) of the Australian Crime Commission Act 2002 if the recipient uses or discloses the examination material in contravention of a direction about the examination material, given under subsection 25A(9) of that Act.
35 Paragraph 32A(1)(b)
After “in the case of”, insert “ACIC,”.
36 Paragraph 32A(1)(c)
After “in the case of”, insert “ACIC and”.
37 Paragraph 32A(1)(e)
Omit “ACIC or the Australian Federal Police” (first occurring), substitute “AFP, AUSTRAC or the Department of Home Affairs”.
38 Subparagraph 32A(1)(e)(ii)
Omit “ACIC or the Australian Federal Police of its”, substitute “AFP, AUSTRAC or the Department of Home Affairs of that agency’s”.
39 Paragraph 32A(1)(f)
Repeal the paragraph, substitute:
(f) in the case of ACIC—a report that is provided to the Board of ACIC or to the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002, if the report was prepared:
(i) by the CEO of ACIC; or
(ii) by the Chair of the Board and is in the possession of ACIC.
40 Paragraph 32A(5)(aa)
Omit “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)”, substitute “, the head of the agency has not provided the responsible Minister with a copy of a report mentioned in paragraph (1)(b) or (c)”.
41 After paragraph 32A(5)(aa)
Insert:
(ab) in the case of AFP, AUSTRAC or the Department of Home Affairs, the head of the agency has not provided the responsible Minister with a copy of a report mentioned in subparagraph (1)(e)(i); or
42 Subsections 32B(1) and (1A)
Repeal the subsections, substitute:
(1) This section applies to any guidelines or directions:
(a) given by the responsible Minister to the head of ACIC, ASIS, AGO, DIO, ASD or ONI; or
(b) given to ACIC by the Board of ACIC or by the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002; or
(c) given by the responsible Minister to the head of AFP, AUSTRAC or the Department of Home Affairs, that relate to the performance of that agency’s intelligence functions.
43 Paragraph 32B(2)(b)
Omit “subparagraph (1A)(b)(ii)”, substitute “paragraph (1)(b)”.
44 After section 32B
Insert:
32C Briefing the Parliamentary Joint Committee on Intelligence and Security
The Inspector‑General must brief the Parliamentary Joint Committee on Intelligence and Security at least once each calendar year.
Intelligence Services Act 2001
45 Subsection 3(1)
Insert:
ACIC means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002.
AUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
AUSTRAC CEO has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
AUSTRAC information has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
CEO of ACIC means the Chief Executive Officer of ACIC.
Department of Home Affairs means the Department administered by the Minister administering the Australian Border Force Act 2015.
46 Subsection 3(1) (definition of Immigration and Border Protection Department)
Repeal the definition.
47 Subsection 3(1)
Insert:
intelligence function has the meaning given by section 3A of the Inspector‑General of Intelligence and Security Act 1986, except in paragraph (ca) of the definition of intelligence information in this subsection.
48 Subsection 3(1) (at the end of the definition of intelligence information)
Add:
Note: The term intelligence functions in paragraph (ca) has its ordinary meaning, and does not have the meaning given by the definition of intelligence function in subsection 3(1).
49 Subsection 23(3)
Omit “Director‑General’s consent, retire the Director‑General of ASIS”, substitute “Director‑General of ASIS’s consent, retire the Director‑General”.
50 Paragraph 29(1)(a)
Repeal the paragraph, substitute:
(a) to review the administration and expenditure of the following bodies, including the annual financial statements of those bodies:
(i) ACIC, ASIO, ASIS, AGO, DIO, ASD and ONI;
(ii) AFP, AUSTRAC and the Department of Home Affairs, in relation to the performance of that agency’s intelligence functions; and
51 Paragraph 29(1)(b)
After “in relation to”, insert “ACIC,”.
52 After paragraph 29(1)(b)
Insert:
(ba) without limiting any other paragraph in this subsection, to review and inquire into any proposed reforms to, or expiry, lapsing or cessation of effect of, legislation relating to counter‑terrorism or national security, as the Committee sees fit; and
53 After paragraph 29(1)(bac)
Insert:
(bad) to monitor and to review the performance by AFP, AUSTRAC or the Department of Home Affairs of that agency’s intelligence functions, referred to the Committee by:
(i) the responsible Minister; or
(ii) the Attorney‑General; or
(iii) a resolution of either House of the Parliament; and
(bae) to report to both Houses of the Parliament on any matter appertaining to AFP, AUSTRAC or the Department of Home Affairs that is connected with the performance of that agency’s intelligence functions, referred to the Committee under this paragraph by:
(i) the responsible Minister; or
(ii) the Attorney‑General; or
(iii) a resolution of either House of the Parliament; and
54 Paragraphs 29(1)(bb), (bc) and (bca)
Repeal the paragraphs.
55 Subsection 29(2)
Omit “ASIO, ASIS, AGO, DIO, ASD or ONI”, insert “the following bodies”.
56 At the end of subsection 29(2)
Add:
: (a) ACIC, ASIO, ASIS, AGO, DIO, ASD or ONI;
(b) AFP, AUSTRAC or the Department of Home Affairs, in relation to the performance of that agency’s intelligence functions.
57 After subsection 29(2)
Insert:
(2A) The Committee may, by resolution, request the Inspector‑General of Intelligence and Security to inquire into a matter (whether or not the functions of the Committee include reviewing the matter) under section 8AA of the Inspector‑General of Intelligence and Security Act 1986 if the matter:
(a) relates to the legality and propriety (however described) of the operational activities of an agency; and
(b) is within the functions of the Inspector‑General mentioned in that section; and
(c) does not relate to an individual complaint about the activities of the agency.
Note: The Committee must not review certain matters or require the Inspector‑General to disclose certain information (see subsection (3) of this section and clause 1 of Schedule 1 to this Act).
(2B) The Committee must provide a copy of the request to the Minister responsible for the agency to which the matter relates.
58 Paragraph 29(3)(a)
After “priorities of”, insert “ACIC,”.
59 Paragraph 29(3)(b)
After “available to”, insert “ACIC,”.
60 After paragraph 29(3)(c)
Insert:
(ca) reviewing special ACC operations (within the meaning of the Australian Crime Commission Act 2002) or special ACC investigations (within the meaning of that Act) that have been, are being or are proposed to be undertaken by ACIC; or
61 Paragraph 29(3)(e)
After “activities of”, insert “ACIC,”.
62 Paragraph 29(3)(g)
Omit “or the Immigration and Border Protection Department”, substitute “, ACIC, AUSTRAC or the Department of Home Affairs”.
63 Paragraph 29(3)(j)
Omit “the AFP”, substitute “AFP, AUSTRAC (including AUSTRAC information) or the Department of Home Affairs”.
64 Paragraph 29(3)(k)
Omit “the AFP”, substitute “AFP, AUSTRAC or the Department of Home Affairs”.
65 Section 30 (heading)
Repeal the heading, substitute:
30 Committee may request briefings
66 Section 30
Omit “For the purpose”, substitute “Without limiting who the Committee may request briefings from, for the purpose”.
67 Paragraph 30(e)
Repeal the paragraph (not including the note), substitute:
(e) the Secretary of the Department of Home Affairs;
(f) the AUSTRAC CEO;
(g) the CEO of ACIC;
(h) the Independent National Security Legislation Monitor;
(i) an Agency Head (within the meaning of the Public Service Act 1999) of an Agency (within the meaning of that Act) if the functions, or proposed functions, of the Agency relate to a matter being considered by the Committee under section 29.
68 Clause 1A of Schedule 1 (definition of agency)
Omit “or the Immigration and Border Protection Department”, substitute “, ACIC, AUSTRAC or the Department of Home Affairs”.
69 Clause 1A of Schedule 1 (paragraph (f) of the definition of agency head)
Repeal the paragraph, substitute:
(f) the Secretary of the Department of Home Affairs; or
(g) the AUSTRAC CEO; or
(h) the CEO of ACIC.
70 Clause 1A of Schedule 1 (paragraph (a) of the definition of operationally sensitive information)
After “available to”, insert “ACIC,”.
71 Clause 1A of Schedule 1 (paragraph (b) of the definition of operationally sensitive information)
After “undertaken by”, insert “ACIC,”.
72 Clause 1A of Schedule 1 (at the end of the definition of operationally sensitive information)
Add:
; or (d) about sources of information, other operational assistance or operational methods available to AFP, AUSTRAC or the Department of Home Affairs (including AUSTRAC information) in exercising that agency’s intelligence functions; or
(e) about particular operations that have been, are being or are proposed to be undertaken by AFP, AUSTRAC or the Department of Home Affairs in exercising that agency’s intelligence functions.
73 Paragraph 1B(b) of Schedule 1
Omit “of the Committee included references to a member of the subcommittee authorised by the subcommittee for the purpose of the provision concerned”, substitute “or Deputy Chair of the Committee included references to the Chair or Deputy Chair of the subcommittee”.
74 Subclause 6(5) of Schedule 1
Omit “may obtain”, substitute “must obtain”.
75 Before subclause 7(1) of Schedule 1
Insert:
Certain information not to be disclosed
76 Paragraph 7(1)(a) of Schedule 1
After “an agent of”, insert “ACIC,”.
77 At the end of subclause 7(1) of Schedule 1
Add:
; or (d) any information the disclosure of which could reveal, or enable a person to ascertain, the existence or identity of a confidential source of information to any agency; or
(e) any information the disclosure of which could endanger a person’s life or physical safety; or
(f) any information the disclosure of which could prejudice the protection of public safety; or
(g) any information the disclosure of which could prejudice the fair trial of a person or the impartial adjudication of a matter; or
(h) any information the disclosure of which could prejudice the proper enforcement of the law or the operations of law enforcement authorities; or
(i) any information the disclosure of which could unreasonably disclose confidential commercial information; or
(j) any information:
(i) having a national security classification; or
(ii) that the Committee believes should have a national security classification;
unless the agency head of the agency that produced the information, or from which the information originated, provides written authority to disclose the information.
78 Subclause 17(1) of Schedule 1
Repeal the subclause, substitute:
(1) The Committee may, subject to subclause (3), meet physically or using virtual meeting technology:
(a) as the Committee decides by resolution; or
(b) subject to a resolution of the Committee, as the Chair decides.
79 Subclause 17(3) of Schedule 1
Repeal the subclause, substitute:
(3) If classified information may be discussed at meetings, the Chair must obtain and follow the advice of the agency head of each agency that produces such information, or from which such information originates, regarding the suitability of the security arrangements for such meetings (including the security arrangements for virtual meeting technology).
80 Clause 21 of Schedule 1
Repeal the clause, substitute:
21 Staff of the Committee must be cleared for security purposes
Each member of the staff of the Committee must be cleared for security purposes at least at a level and frequency:
(a) appropriate for access to information and systems at the classification that the staff member requires, in accordance with government policy in relation to protective security; and
(b) acceptable to all of the agency heads.
81 Subclause 23(1) of Schedule 1
Repeal the subclause, substitute:
Establishment
(1) The Committee may appoint one or more subcommittees to inquire into and report to the Committee in relation to matters concerning the Committee as the Committee directs.
Membership
(1A) A subcommittee must consist of at least 3 of the Committee’s members.
(1B) The Chair and Deputy Chair of the Committee are ex officio members of each subcommittee.
Reporting
82 Before subclause 23(3) of Schedule 1
Insert:
Sitting times
83 Before subclause 25(1) of Schedule 1
Insert:
(1AA) The Committee may elect a Chair and Deputy Chair for each subcommittee.
84 At the end of clause 25 of Schedule 1
Add:
(3) At a meeting of a subcommittee, 3 members of that subcommittee, including at least one Government member and one non‑Government member, constitute a quorum.
(4) Any member of the Committee may participate in the proceedings of a subcommittee. However, only members of that subcommittee may vote or move a motion.
Office of National Intelligence Act 2018
85 After section 18
Insert:
18A Briefing the Parliamentary Joint Committee on Intelligence and Security
The Director‑General must brief the Parliamentary Joint Committee on Intelligence and Security at least once each calendar year.
Parliamentary Joint Committee on Law Enforcement Act 2010
86 Section 10 (heading)
After “Ombudsman”, insert “and Inspector‑General of Intelligence and Security”.
87 Subsection 10(1)
Omit “the ACC and”.
88 After subsection 10(1)
Insert:
(1A) At least once in each calendar year the Inspector‑General of Intelligence and Security must provide a briefing to the Committee about the involvement of the ACC in controlled operations under Part IAB of the Crimes Act 1914 during the preceding 12 months.
89 Subsection 10(2)
After “under subsection (1),”, insert “or the Inspector‑General of Intelligence and Security under subsection (1A),”.
Part 2—Consequential amendments commencing with the main amendments
Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006
90 Section 5
Insert:
IGIS official (short for Inspector‑General of Intelligence and Security official) means:
(a) the Inspector‑General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
91 After paragraph 50A(2)(b)
Insert:
; or (c) the disclosure is to an IGIS official for the purposes of, or in connection with, the IGIS official performing a function or duty, or exercising a power, as an IGIS official.
92 Subsection 50A(2) (note)
Repeal the note, substitute:
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
93 After subsection 121(6)
Insert:
(6A) Subsection (5) or (6) does not apply if the disclosure of AUSTRAC information is to an IGIS official for the purposes of, or in connection with, the IGIS official performing a function or duty, or exercising a power, as an IGIS official.
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
94 After subsection 123(8A)
Insert:
Exception—IGIS official
(8B) Subsections (1) and (2) do not apply to the disclosure of information by a reporting entity if the disclosure is to an IGIS official for the purposes of, or in connection with, the IGIS official performing a function or duty, or exercising a power, as an IGIS official.
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
95 After subsection 125(2)
Insert:
Inspector‑General of Intelligence and Security
(2A) An IGIS official is taken, for the purposes of this Act, to hold an authorisation under this section to allow the IGIS official to have access to any AUSTRAC information.
96 Subsection 129(2)
Repeal the subsection (including the note), substitute:
Exception
(2) Subsection (1) does not apply if the person discloses the information for the purposes of, or in connection with:
(a) an appropriate authority investigating the disclosure mentioned in paragraph (1)(c); or
(b) the performance or exercise of the person’s functions, duties or powers as an IGIS official.
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
97 Before subsection 207(2)
Insert:
Exceptions
98 After subsection 207(2)
Insert:
(2A) Subsection (1) does not apply to the disclosure of information by a reporting entity if the disclosure is to an IGIS official for the purposes of, or in connection with, the IGIS official performing a function or duty, or exercising a power, as an IGIS official.
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
Australian Border Force Act 2015
99 Subsection 4(1)
Insert:
IGIS official (short for Inspector‑General of Intelligence and Security official) means:
(a) the Inspector‑General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
100 At the end of section 43
Add:
; or (c) the making of the record, or disclosure, is for the purposes of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.
Australian Citizenship Act 2007
101 Section 3
Insert:
IGIS official (short for Inspector‑General of Intelligence and Security official) means:
(a) the Inspector‑General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
102 Subsection 43(1A) (note 1)
Repeal the note, substitute:
Note 1: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
103 After paragraph 43(2)(g)
Insert:
(ga) is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; or
Australian Crime Commission Act 2002
104 Subsection 4(1)
Insert:
IGIS official (short for Inspector‑General of Intelligence and Security official) means:
(a) the Inspector‑General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
105 Subsection 4(1) (definition of Ombudsman)
Repeal the definition.
106 After paragraph 19A(5)(d)
Insert:
and (e) section 34 (secrecy) of the Inspector‑General of Intelligence and Security Act 1986;
107 Paragraph 21C(2)(f)
Repeal the paragraph.
108 After paragraph 21C(2)(g)
Insert:
; or (h) to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official.
109 Subsection 21C(2) (note)
Repeal the note, substitute:
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
110 Paragraph 21C(4)(d)
Repeal the paragraph.
111 After paragraph 21C(4)(e)
Insert:
; or (f) to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official.
112 Subsection 21C(4) (note)
Repeal the note, substitute:
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
113 At the end of subsection 25A(4)
Add:
; or (c) an IGIS official who is present at the examination for the purpose of conducting an inspection or inquiry under the Inspector‑General of Intelligence and Security Act 1986 (subject to subsection (4A)).
114 After subsection 25A(4)
Insert:
(4A) Without limiting subsection (1) or (3), an examiner may prevent an IGIS official from being present during an examination if the examiner is satisfied that the official’s attendance would be reasonably likely to prejudice:
(a) the life or safety of a person; or
(b) the effectiveness of the examination.
The official must be provided with an audio‑visual recording of the examination as soon as practicable after the end of the examination.
(4B) The IGIS official may be prevented from being present during the examination either:
(a) by written notice given to the official before the examination; or
(b) by notifying the official orally during the examination.
(4C) If the IGIS official is notified orally, the IGIS official must be given a written notice as soon as practicable after the examination.
115 After subsection 25A(14A)
Insert:
(14B) Subsection (14A) does not apply if the person uses or discloses examination material for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.
Note: An IGIS official does not bear an evidential burden in relation to this subsection (see section 34C of the Inspector‑General of Intelligence and Security Act 1986).
116 Paragraph 29B(2)(f)
Repeal the paragraph.
117 At the end of subsection 29B(2)
Add:
; or (h) to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official.
118 Paragraph 29B(4)(d)
Repeal the paragraph.
119 At the end of subsection 29B(4)
Add:
; or (f) to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official.
120 Subsection 36(4)
Repeal the subsection, substitute:
(4) To avoid doubt, this section does not limit the powers of the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986, or any other law of the Commonwealth that confers powers on the Inspector‑General.
121 Schedule 1
In the appropriate position, insert:
Inspector‑General of Intelligence and Security Act 1986, section 34
Australian Human Rights Commission Act 1986
122 Subsection 3(1)
Insert:
AUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
Department of Home Affairs means the Department administered by the Minister administering the Australian Border Force Act 2015.
123 Subsection 3(1) (definition of examiner of ACIC)
Repeal the definition.
124 Subsection 11(3) (note)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
125 Subsection 11(4)
After “an intelligence agency is a reference to”, insert “ACIC,”.
126 Subparagraph 20(4C)(a)(i)
Repeal the subparagraph, substitute:
(i) an act or practice of AUSTRAC; or
(ia) an act or practice of the Department of Home Affairs; or
127 Subsection 21(3)
After “an intelligence agency is a reference to”, insert “ACIC,”.
128 Subsection 46PZ(1)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
Crimes Act 1914
129 After paragraph 3ZQT(2)(c)
Insert:
; or (d) the disclosure is made for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.
130 Subsection 3ZQT(2) (note)
Repeal the note, substitute:
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
131 After paragraph 3ZZHA(2)(da)
Insert:
(db) the disclosure is made for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official;
132 Subsection 3ZZHA(2) (note)
Repeal the note, substitute:
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
133 Section 3ZZUJ (paragraph beginning “The Ombudsman must inspect”)
Omit “and the ACC” (first occurring).
134 Section 3ZZUJ (paragraph (a) of the paragraph beginning “The Ombudsman must inspect”)
Omit “and the ACC”.
135 Section 3ZZUJ (paragraph (b) of the paragraph beginning “The Ombudsman must inspect”)
After “enforcement officers”, insert “of the Australian Federal Police”.
136 At the end of section 3ZZUJ (before the note)
Insert:
• The Inspector‑General of Intelligence and Security inspects the records of the ACC, in relation to the ACC’s compliance with this Part, under the Inspector‑General of Intelligence and Security Act 1986.
137 Subsection 3ZZVH(3) (note)
Repeal the note, substitute:
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
138 Subsection 3ZZVH(4) (note)
Repeal the note, substitute:
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
139 Subsection 3ZZVH(5) (including the note)
Repeal the subsection, substitute:
(5) Subsections (1) and (2) do not apply if the person uses or discloses the information for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
140 Subparagraph 3ZZVJ(b)(i)
Omit “(3) or (4)”, substitute “(3), (4) or (5)”.
141 Section 3ZZVL (heading)
Omit “and the Ombudsman”, substitute “, and the Ombudsman or the Inspector‑General of Intelligence and Security”.
142 Before subsection 3ZZVL(1)
Insert:
(1AA) As soon as practicable after 30 June in each year:
(a) the chief officer of the Australian Federal Police must submit a report to the Minister and the Ombudsman in accordance with this section; and
(b) the chief officer of the ACC must submit a report to the Minister and the Inspector‑General of Intelligence and Security in accordance with this section.
143 Subsection 3ZZVL(1)
Omit “As soon as practicable after 30 June in each year, the chief officer of the Australian Federal Police or the ACC must submit a report to the Minister and the Ombudsman that sets out”, substitute “The report must set out”.
144 Subsection 3ZZVM(3)
Repeal the subsection, substitute:
(3) A copy of a report given to the Minister under this section must, at the same time as it is given to the Minister, be given to:
(a) if the report relates to the Australian Federal Police—the Ombudsman; and
(b) if the report relates to the ACC—the Inspector‑General of Intelligence and Security.
145 Paragraph 3ZZVN(l)
After “the Ombudsman”, insert “or the Inspector‑General of Intelligence and Security, as the case requires,”.
146 Subsection 3ZZVR(1)
Omit “and the ACC”.
147 Paragraphs 3ZZVR(1)(a) and (b)
Omit “or the ACC, as the case requires”.
148 Paragraph 3ZZVR(2)(a)
Omit “or the ACC, enter at any reasonable time premises occupied by the Australian Federal Police or the ACC, as the case requires”, substitute “, enter at any reasonable time premises occupied by the Australian Federal Police”.
149 Paragraphs 3ZZVR(2)(b) to (d)
Omit “or the ACC”.
150 Subsection 3ZZVR(3)
Omit “or the ACC must ensure that members of staff of the Australian Federal Police or the ACC, as the case requires,”, substitute “must ensure that members of its staff”.
151 Subsection 3ZZVS(1)
Omit “or the ACC” (wherever occurring).
152 Paragraph 3ZZVS(4)(a)
Omit “or the ACC” (wherever occurring).
153 Subsection 3ZZVS(4)
Omit “or the ACC, as the case requires”.
154 Subsection 3ZZVU(4)
Omit “or the ACC” (first occurring).
155 Paragraph 3ZZVU(4)(b)
Omit “or the ACC, as the case requires,”.
156 Subsection 3ZZVU(4)
Omit “records of the Australian Federal Police or the ACC, as the case requires”, substitute “records of the Australian Federal Police”.
157 Subparagraph 15HK(3)(c)(ii)
Omit “operation; and”, substitute “operation; or”.
158 At the end of paragraph 15HK(3)(c)
Add:
(iii) if the disclosure is to an IGIS official—action taken by ACC, the Australian Federal Police or the Immigration and Border Protection Department; and
159 Subsection 15HK(3) (note)
Repeal the note, substitute:
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
160 Section 15HM (heading)
After “to Ombudsman”, insert “or Inspector‑General of Intelligence and Security,”.
161 Subsection 15HM(1)
Omit “Ombudsman”, substitute “person mentioned in subsection (1A)”.
162 After subsection 15HM(1)
Insert:
(1A) For the purposes of subsection (1), the person is:
(a) if the authorising agency is ACC—the Inspector‑General of Intelligence and Security; and
(b) otherwise—the Ombudsman.
163 Subsection 15HM(3)
Repeal the subsection, substitute:
(3) The chief officer of an authorising agency may be required by the following person to give additional information covering any controlled operation to which a report relates:
(a) if the authorising agency is ACC—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Ombudsman.
164 Subsection 15HM(5)
Repeal the subsection, substitute:
(5) A copy of a report given to the Ombudsman or the Inspector‑General of Intelligence and Security under this section must be given to the Minister at the same time as it is given to the Ombudsman or the Inspector‑General of Intelligence and Security (as the case requires).
165 Section 15HN (heading)
Omit “and Ombudsman”, insert “, and Inspector‑General of Intelligence and Security or Ombudsman”.
166 Subsection 15HN(7)
Repeal the subsection, substitute:
(7) A copy of a report given to the Minister under this section must be given to the following person at the same time as it is given to the Minister:
(a) if the authorising agency is ACC—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Ombudsman.
167 Subsection 15HO(1)
Repeal the subsection, substitute:
(1) The Ombudsman must, as soon as practicable after 30 June in each year:
(a) prepare a report of the work and activities under this Part of the Ombudsman for the preceding 12 months; and
(b) give a copy of the report to the Minister and to the chief officer of the law enforcement agency to which the report relates.
168 Subsection 15HO(7)
Repeal the subsection.
169 At the end of section 15HR
Add:
Note: Inspections of ACC, including inspections relating to controlled operations by ACC under this Part, are undertaken by the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986.
170 Subsection 15HS(1)
After “each authorising agency”, insert “, except the ACC,”.
171 Subsection 15HS(1)
After “and by law enforcement officers”, insert “of that agency”.
172 Subsection 15HS(2)
Repeal the subsection.
173 Section 15HW (heading)
After “Ombudsman”, insert “or Inspector‑General of Intelligence and Security,”.
174 Before subsection 15HW(1)
Insert:
Definitions
175 Subsection 15HW(1) (definition of State or Territory inspecting authority)
After “section 15HS”, insert “of this Act, or section 9A of the Inspector‑General of Intelligence and Security Act 1986,”.
176 Before subsection 15HW(2)
Insert:
Exchange of information between Ombudsman and State inspecting authorities
177 At the end of section 15HW
Add:
Exchange of information between Inspector‑General of Intelligence and Security and State inspecting authorities
(5) The Inspector‑General of Intelligence and Security may give information that:
(a) relates to a State or Territory agency; and
(b) was obtained by an IGIS official under the Inspector‑General of Intelligence and Security Act 1986; and
(c) relates to a controlled operation conducted by an intelligence agency (within the meaning of that Act);
to the State or Territory inspecting authority in relation to the agency.
(6) The Inspector‑General may only give information to an authority under subsection (5) if the Inspector‑General is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State or Territory agency.
(7) The Inspector‑General may receive, from a State or Territory inspecting authority, information that:
(a) relates to a controlled operation conducted by an intelligence agency (within the meaning of the Inspector‑General of Intelligence and Security Act 1986); and
(b) is relevant to the performance of the Inspector‑General’s functions under that Act.
178 At the end of section 15JQ
Add:
Exception—IGIS officials
(4) Subsection (1) does not apply if the person discloses the information to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official.
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
179 At the end of section 15JR
Add:
Exception—IGIS officials
(4) Subsection (1) does not apply if the person discloses the information to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official.
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
180 At the end of paragraph 15MS(1)(e)
Add:
; (iv) the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.
181 Subparagraph 15MS(2)(e)(iii)
Omit “section 15MR; and”, substitute “section 15MR;”.
182 At the end of paragraph 15MS(2)(e)
Add:
(iv) the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; and
183 Subparagraph 15MS(3)(e)(iii)
Omit “section 15MR; and”, substitute “section 15MR;”.
184 At the end of paragraph 15MS(3)(e)
Add:
(iv) the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; and
185 At the end of subsection 15MT(1)
Add:
; (e) whether, for the purposes of subparagraph 15MS(1)(e)(iv), (2)(e)(iv) or (3)(e)(iv), the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.
Migration Act 1958
186 Subsection 5(1)
Insert:
IGIS official (short for Inspector‑General of Intelligence and Security official) means:
(a) the Inspector‑General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
187 After paragraph 336E(2)(f)
Insert:
(fa) is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official in relation to action taken by the Department; or
188 After subsection 488(3)
Insert:
(3A) Subsection (1) does not apply in relation to the performance of an action referred to in that subsection for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.
Note: An IGIS official does not bear an evidential burden in relation to a matter in this subsection (see section 34C of the Inspector‑General of Intelligence and Security Act 1986).
189 Subsection 503A(8)
After “If any Act (whether passed before or after the commencement of this section)”, insert “, except the Inspector‑General of Intelligence and Security Act 1986,”.
Ombudsman Act 1976
190 Subsection 3(1) (definition of ACC)
Repeal the definition.
191 Subsection 3(1)
Insert:
ACIC means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002.
AUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
192 Subsection 3(1) (definition of Board of the ACC)
Repeal the definition.
193 Subsection 3(1)
Insert:
Department of Home Affairs means the Department administered by the Minister administering the Australian Border Force Act 2015.
194 Subsection 3(1) (definition of examiner of ACC)
Repeal the definition.
195 Subsection 3(13A)
Repeal the subsection.
196 Paragraphs 5B(a) and (b)
Repeal the paragraphs, substitute:
(a) AUSTRAC; or
(b) the Australian Federal Police; or
(c) the Department of Home Affairs;
197 Section 6A
Repeal the section.
198 Subparagraphs 6F(1)(a)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) AUSTRAC; or
(ii) the Australian Federal Police; or
(iii) the Department of Home Affairs; and
199 Section 8B
Repeal the section.
200 Paragraph 9(3)(e)
Repeal the paragraph.
201 Subparagraph 19R(3)(b)(v)
Repeal the subparagraph.
202 Subparagraph 19R(3)(b)(viii)
Omit “sections 8A and 8B”, substitute “section 8A”.
203 Subsection 19R(4) (table items 5 and 6)
Repeal the items.
204 Paragraph 19ZM(3)(c)
Omit “6A”, substitute “6B”.
205 Paragraph 19ZM(3)(q)
Omit “35B”, substitute “35C”.
206 Subsection 19ZM(4) (table items 8 and 9)
Repeal the items.
207 Paragraph 20ZK(1)(j)
Repeal the paragraph.
208 Paragraph 20ZK(2)(g)
Omit “subsections 35B(2) and 35C(2)”, substitute “subsection 35C(2)”.
209 Subparagraph 20ZK(2)(g)(ii)
Omit “or 6A”.
210 Subsection 20ZS(1) (table item 12, column 2)
Omit “; transfer of complaints about ACC”.
211 Subsection 35(5)
Omit “(c), (d) or (e)”, substitute “(c) or (d)”.
212 Subsection 35AA(2)
Omit “Subject to section 35B, nothing”, substitute “Nothing”.
213 Subsection 35A(1)
Omit “Subject to sections 35B and 35C,”, substitute “Subject to section 35C,”.
214 Section 35B
Repeal the section.
215 Subsection 35C(2) (paragraph (b) of the definition of listed disclosure method)
Omit “or 6A”.
216 Subsection 35C(2) (paragraph (d) of the definition of listed disclosure method)
Repeal the paragraph.
Privacy Act 1988
217 Subsection 6(1)
Insert:
AUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
218 Section 49B
Omit “or the Australian Federal Police”, substitute “, the Australian Federal Police, AUSTRAC or the Department of Home Affairs (within the meaning of the Inspector‑General of Intelligence and Security Act 1986)”.
Public Interest Disclosure Act 2013
219 Section 8
Insert:
AUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
Department of Home Affairs means the Department administered by the Minister administering the Australian Border Force Act 2015.
220 Section 8 (at the end of the definition of intelligence agency)
Add:
; or (g) the ACIC.
221 Section 8 (definition of intelligence function)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
222 Subsection 26(1) (table item 2, column 3, paragraph (i))
After “intelligence agency”, insert “, except ACIC”.
223 Section 34 (table item 1, column 2, subparagraph (ca)(i))
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
224 Paragraph 41(1)(a)
After “intelligence agency”, insert “, except ACIC”.
225 Subparagraph 41(1)(b)(ii)
After “intelligence agency”, insert “, except ACIC,”.
226 Subparagraph 41(1)(b)(iii)
After “intelligence agency”, insert “, except ACIC”.
227 Subparagraph 41(1)(c)(i)
After “intelligence agency”, insert “, except ACIC”.
228 Section 42 (note 2)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
229 Subparagraph 43(3)(a)(iii)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
230 Subsection 43(3A)
Repeal the subsection.
231 Paragraphs 44(1A)(a) and (b)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
232 Section 46 (note)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
233 Paragraph 50A(1)(c)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
234 Subparagraph 50A(2)(b)(ii)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
235 Paragraph 52(4)(b)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
236 Section 58 (note)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
237 Paragraphs 63(aa) and (ba)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
238 Section 63 (paragraph (b) of the note)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
Security of Critical Infrastructure Act 2018
239 After subsection 46(5) (before the note)
Insert:
Disclosure to an IGIS official
(6) Section 45 does not apply to an entity to the extent that the entity discloses protected information to an IGIS official for the purposes of exercising powers, or performing duties or functions, as an IGIS official.
240 Section 46 (note)
Repeal the note, substitute:
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this section (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector‑General of Intelligence and Security Act 1986.
Surveillance Devices Act 2004
241 After subsection 45(6A)
Insert:
(6B) Protected information may be communicated by an IGIS official to an Ombudsman official for the purposes of the Ombudsman official exercising powers, or performing functions or duties, as an Ombudsman official.
242 Section 49A (heading)
Repeal the heading, substitute:
49A Notification to Ombudsman or IGIS in relation to Part 5.3 warrants
243 Subsection 49A(1)
Repeal the subsection, substitute:
(1) Within 6 months after a Part 5.3 warrant is issued in response to an application by a law enforcement officer of a law enforcement agency, the chief officer of the agency must:
(a) if the law enforcement agency is the Australian Crime Commission:
(i) notify the Inspector‑General of Intelligence and Security that the warrant has been issued; and
(ii) give the Inspector‑General of Intelligence and Security a copy of the warrant; and
(b) otherwise:
(i) notify the Ombudsman that the warrant has been issued; and
(ii) give the Ombudsman a copy of the warrant.
244 Subsection 49A(2)
After “the Ombudsman”, insert “or the Inspector‑General of Intelligence and Security (as the case requires)”.
245 Section 49B
Repeal the section, substitute:
49B Notification to Ombudsman or IGIS in relation to concealment of access under a computer access warrant
(1) This section applies if:
(a) a computer access warrant was issued in response to an application made by a law enforcement officer of a law enforcement agency; and
(b) a thing mentioned in subsection 27E(7) was done under the warrant after the 28‑day period mentioned in paragraph 27E(7)(j).
(2) The chief officer of the law enforcement agency must notify the person mentioned in subsection (3):
(a) that the warrant was issued; and
(b) of the fact that the thing was done under the warrant after the 28‑day period mentioned in paragraph 27E(7)(j);
within 7 days after the thing was done.
(3) For the purposes of subsection (2), the person is:
(a) if the law enforcement agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security; and
(b) otherwise—the Ombudsman.
246 Section 49C
Repeal the section, substitute:
49C Notification to Ombudsman or IGIS of things done under a data disruption warrant
Notification of thing done under warrant
(1) Subsection (2) applies if:
(a) a data disruption warrant was issued in response to an application made by a law enforcement officer of a law enforcement agency; and
(b) a thing mentioned in subsection 27KE(2) was done under the warrant.
(2) The chief officer of the law enforcement agency must notify the person mentioned in subsection (5):
(a) that the warrant was issued; and
(b) of the fact that the thing was done under the warrant;
within 7 days after the thing was done.
Notification of material loss or damage
(3) Subsection (4) applies if:
(a) a data disruption warrant was issued in response to an application made by a law enforcement officer of a law enforcement agency; and
(b) the person executing the warrant becomes aware that a thing mentioned in subsection 27KE(2) that was done under the warrant has caused material loss or damage to one or more persons lawfully using a computer.
(4) The chief officer of the law enforcement agency must notify the person mentioned in subsection (5):
(a) that the thing has caused material loss or damage to one or more persons lawfully using a computer; and
(b) of the particulars of that loss or damage;
within 7 days after the person executing the warrant became so aware.
Relevant person agency must notify
(5) For the purposes of subsections (2) and (4), the person is:
(a) if the law enforcement agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security; and
(b) otherwise—the Ombudsman.
247 Subsection 55(1)
After “records of a law enforcement agency”, insert “, except the Australian Crime Commission,”.
248 At the end of subsection 55(1)
Add:
Note: Inspections of the Australian Crime Commission, including inspections relating to the extent of compliance with this Act by the Australian Crime Commission, are undertaken by the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986.
249 Subsection 55(2)
Repeal the subsection.
250 At the end of subsection 55(2A)
Add:
Note: This subsection does not apply in relation to records of the Australian Crime Commission, as that agency does not provide notifications to the Ombudsman under section 49A.
251 After paragraph 55(2B)(b)
Insert:
and (c) the law enforcement agency is not the Australian Crime Commission;
252 Section 58 (heading)
After “Ombudsman”, insert “or IGIS,”.
253 Before subsection 58(1)
Insert:
Definitions
254 Subsection 58(1) (definition of State or Territory inspecting authority)
After “section 55”, insert “of this Act, or section 9A of the Inspector‑General of Intelligence and Security Act 1986,”.
255 Before subsection 58(2)
Insert:
Exchange of information between Ombudsman and State inspecting authorities
256 At the end of section 58
Add:
Exchange of information between IGIS and State inspecting authorities
(5) The Inspector‑General of Intelligence and Security may give information that:
(a) relates to a State or Territory agency; and
(b) was obtained by an IGIS official under the Inspector‑General of Intelligence and Security Act 1986; and
(c) relates to the use of powers under this Act by an intelligence agency (within the meaning of the Inspector‑General of Intelligence and Security Act 1986);
to the State or Territory inspecting authority in relation to the agency.
(6) The Inspector‑General of Intelligence and Security may only give information to an authority under subsection (5) if the Inspector‑General of Intelligence and Security is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State or Territory agency.
(7) The Inspector‑General of Intelligence and Security may receive, from a State or Territory inspecting authority, information that:
(a) relates to the use of powers under this Act by an intelligence agency (within the meaning of the Inspector‑General of Intelligence and Security Act 1986); and
(b) is relevant to the performance of the Inspector‑General of Intelligence and Security’s functions under that Act.
Telecommunications Act 1997
257 Subsection 317HAB(4)
Repeal the subsection, substitute:
(4) If the chief officer of an interception agency gives a technical assistance request, the chief officer must, within 7 days after the request is given, notify the following person that the request has been given:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
258 Subsection 317JA(18)
Repeal the subsection, substitute:
(18) If the chief officer of an interception agency varies a technical assistance request, the chief officer must, within 7 days after varying the request, notify the following person that the request has been varied:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
259 Subsection 317JB(9)
Repeal the subsection, substitute:
(9) If the chief officer of an interception agency revokes a technical assistance request, the chief officer must, within 7 days after revoking the request, notify the following person that the request has been revoked:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
260 After subparagraph 317MAA(4)(b)(i)
Insert:
(ia) the Inspector‑General of Intelligence and Security; or
261 Subsection 317MAB(2)
Repeal the subsection, substitute:
(2) If the chief officer of an interception agency gives a technical assistance notice, the chief officer must, within 7 days after the notice is given, notify the following person that the notice has been given:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
262 Subsection 317MA(1F)
Repeal the subsection, substitute:
(1F) If the chief officer of an interception agency extends the period for which a technical assistance notice is in force, the chief officer must, within 7 days after extending the period, notify the following person of the extension:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
263 Subsection 317Q(13)
Repeal the subsection, substitute:
(13) If the chief officer of an interception agency varies a technical assistance notice, the chief officer must, within 7 days after varying the notice, notify the following person that the notice has been varied:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
264 Subsection 317R(6)
Repeal the subsection, substitute:
(6) If the chief officer of an interception agency revokes a technical assistance notice, the chief officer must, within 7 days after revoking the notice, notify the following person that the notice has been revoked:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
265 Subsection 317TAB(2)
Omit “If:”, substitute “Subsection (2A) applies if:”.
266 Subparagraph 317TAB(2)(b)(ii)
Omit “paragraph 317T(2)(b);”, substitute “paragraph 317T(2)(b).”.
267 Subsection 317TAB(2)
Omit “the Attorney‑General must, within 7 days after the notice is given, notify the Commonwealth Ombudsman that the notice has been given.”.
268 After subsection 317TAB(2)
Insert:
(2A) The Attorney‑General must, within 7 days after the notice is given, notify the following person that the notice has been given:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
269 Subsection 317TAB(3)
Omit “(2)”, substitute “(2A)”.
270 Subsection 317TA(1E)
Omit “If:”, substitute “Subsection (1EA) applies if:”.
271 Subparagraph 317TA(1E)(b)(ii)
Omit “paragraph 317T(2)(b);”, substitute “paragraph 317T(2)(b).”.
272 Subsection 317TA(1E)
Omit “the Attorney‑General must, within 7 days after extending the period, notify the Commonwealth Ombudsman of the extension.”.
273 After subsection 317TA(1E)
Insert:
(1EA) The Attorney‑General must, within 7 days after extending the period, notify the following person of the extension:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
274 Subsection 317TA(1F)
Omit “(1E)”, substitute “(1EA)”.
275 Paragraph 317WA(6)(e)
Omit “give a copy of the report to the Commonwealth Ombudsman.”, substitute:
give a copy of the report to:
(iii) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security; and
(iv) otherwise—the Commonwealth Ombudsman.
276 Subsection 317X(7)
Omit “If:”, substitute “Subsection (7A) applies if:”.
277 Subparagraph 317X(7)(b)(ii)
Omit “paragraph 317T(2)(b);”, substitute “paragraph 317T(2)(b).”.
278 Subsection 317X(7)
Omit “the Attorney‑General must, within 7 days after varying the notice, notify the Commonwealth Ombudsman that the notice has been varied.”.
279 After subsection 317X(7)
Insert:
(7A) The Attorney‑General must, within 7 days after varying the notice, notify the following person that the notice has been varied:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
280 Subsection 317X(8)
Omit “(7)”, substitute “(7A)”.
281 Paragraph 317YA(6)(e)
Omit “give a copy of the report to the Commonwealth Ombudsman.”, substitute:
give a copy of the report to:
(iii) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security; and
(iv) otherwise—the Commonwealth Ombudsman.
282 Subsection 317Z(4)
Omit “If:”, substitute “Subsection (4A) applies if:”.
283 Subparagraph 317Z(4)(b)(ii)
Omit “paragraph 317T(2)(b);”, substitute “paragraph 317T(2)(b).”.
284 Subsection 317Z(4)
Omit “the Attorney‑General must, within 7 days after revoking the notice, notify the Commonwealth Ombudsman that the notice has been revoked.”.
285 After subsection 317Z(4)
Insert:
(4A) The Attorney‑General must, within 7 days after revoking the notice, notify the following person that the notice has been revoked:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
286 Subsection 317Z(5)
Omit “(4)”, substitute “(4A)”.
287 After subsection 317ZF(5)
Insert:
(5AA) If a technical assistance notice is given by the chief officer of an interception agency of a State or Territory, an IGIS official may disclose technical assistance notice information that relates to the notice to an officer or employee of an authority that is the State or Territory inspecting authority in relation to the interception agency, so long as the disclosure is in connection with the officer or employee exercising powers, or performing functions or duties, as an officer or employee of the State or Territory inspecting authority.
(5AB) If a technical assistance request is given by the chief officer of an interception agency of a State or Territory, an IGIS official may disclose technical assistance request information that relates to the request to an officer or employee of an authority that is the State or Territory inspecting authority in relation to the interception agency, so long as the disclosure is in connection with the officer or employee exercising powers, or performing functions or duties, as an officer or employee of the State or Territory inspecting authority.
288 Subsection 317ZKA(2)
Repeal the subsection, substitute:
(2) If the chief officer of an interception agency makes a declaration under paragraph 317ZK(1)(d), (3)(e) or (6A)(b), the chief officer must, within 7 days after making the declaration, notify the following person of the making of the declaration:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
289 Subsection 317ZKA(4)
Omit “If:”, substitute “Subsection (4A) applies if:”.
290 Subparagraph 317ZKA(4)(b)(ii)
Omit “paragraph 317T(2)(b);”, substitute “paragraph 317T(2)(b).”.
291 Subsection 317ZKA(4)
Omit “the Attorney‑General must, within 7 days after making the declaration, notify the Commonwealth Ombudsman of the making of the declaration.”.
292 After subsection 317ZKA(4)
Insert:
(4A) The Attorney‑General must, within 7 days after making the declaration, notify the following person of the making of the declaration:
(a) if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
(b) otherwise—the Commonwealth Ombudsman.
293 Subsection 317ZKA(5)
Omit “(4)”, substitute “(4A)”.
294 Subsection 317ZRB(1)
After “interception agency”, insert “, except the Australian Crime Commission,”.
295 Subsection 317ZRB(2)
After “interception agency”, insert “to which subsection (1) applies”.
296 Subsection 317ZRB(2)
Omit “conferred by subsection (1)”, substitute “conferred by that subsection”.
Telecommunications (Interception and Access) Act 1979
297 Section 59B (heading)
Omit “by Commonwealth agencies”, substitute “or Inspector‑General of Intelligence and Security”.
298 Paragraphs 59B(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) if the agency is the ACC:
(i) notify the Inspector‑General of Intelligence and Security that the warrant has been issued; and
(ii) give to the Inspector‑General of Intelligence and Security a copy of the warrant; and
(b) otherwise:
(i) notify the Ombudsman that the warrant has been issued; and
(ii) give to the Ombudsman a copy of the warrant.
299 Subsection 59B(2)
Omit “an officer of a Commonwealth agency”, substitute “an officer of the agency”.
300 Subsection 59B(2)
After “must notify the Ombudsman”, insert “or the Inspector‑General of Intelligence and Security (as the case requires)”.
301 Before subsection 83(1)
Insert:
(1AA) This section applies to each Commonwealth agency, except the ACC.
Note: Inspections of ACC, including inspections relating to ACC’s compliance with sections 79, 79AA, 80 and 81 of this Act, are undertaken by the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986.
302 At the end of subsection 84(1)
Add:
Note: The Ombudsman does not report to the Minister in relation to the ACC, as the Ombudsman does not inspect the records of that agency under subsections 83(1), (3) and (4) (see subsection 83(1AA)).
303 Before subsection 92A(1)
Insert:
Definitions
304 Subsection 92A(1) (at the end of the definition of State inspecting authority)
Add “of this Act, or section 9A of the Inspector‑General of Intelligence and Security Act 1986, when the State agency is exercising powers under the law of that State that is of a similar nature to this Act”.
305 Before subsection 92A(2)
Insert:
Exchange of information between Ombudsman and State inspecting authorities
306 At the end of section 92A
Add:
Exchange of information between IGIS and State inspecting authorities
(5) The Inspector‑General of Intelligence and Security may give information that:
(a) relates to a State agency; and
(b) was obtained by an IGIS official under the Inspector‑General of Intelligence and Security Act 1986; and
(c) relates to the use of powers under this Act by an intelligence agency (within the meaning of the Inspector‑General of Intelligence and Security Act 1986);
to the State inspecting authority in relation to the State agency.
(6) The Inspector‑General of Intelligence and Security may only give information to an authority under subsection (5) if the Inspector‑General of Intelligence and Security is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State agency.
(7) The Inspector‑General of Intelligence and Security may receive, from a State inspecting authority, information that:
(a) relates to the use of powers under this Act by an intelligence agency (within the meaning of the Inspector‑General of Intelligence and Security Act 1986); and
(b) is relevant to the performance of the Inspector‑General of Intelligence and Security’s functions under that Act.
307 Section 107G (paragraph beginning “The Ombudsman has functions)
Omit “(other than the Organisation) and the Inspector‑General of Intelligence and Security has functions in relation to preservation notices given by the Organisation”, substitute “(other than the ACC and the Organisation), and the Inspector‑General of Intelligence and Security has functions in relation to preservation notices given by the ACC and the Organisation”.
308 Subparagraph 151(3)(b)(ii)
Repeal the subparagraph, substitute:
(ii) if the Ombudsman is required to give a report to the Minister under section 186J that is about records that include the item—when the Ombudsman gives the report;
309 Subsection 185D(5) (heading)
Repeal the heading, substitute:
Enforcement agencies—general
310 Before paragraph 185D(5)(a)
Insert:
(aa) if the agency was the ACC:
(i) the chief officer of the ACC must, as soon as practicable, give copies of the warrant to the Minister and the Inspector‑General of Intelligence and Security; and
(ii) the Minister must, as soon as practicable after receiving a copy, cause the Parliamentary Joint Committee on Intelligence and Security to be notified of the issuing of the warrant; and
311 Subsection 185D(6)
Repeal the subsection, substitute:
(6) If an authorisation under Division 4 of Part 4‑1 is made under the authority of the warrant, the chief officer of the agency must, as soon as practicable after the expiry of the warrant, give a copy of the authorisation to:
(a) if the agency was the ACC—the Inspector‑General of Intelligence and Security; and
(b) otherwise—the Ombudsman.
Enforcement agencies—reports relating to Australian Federal Police
312 At the end of section 185D
Add:
Enforcement agencies—reports relating to ACC
(9) If:
(a) the Inspector‑General gives to the Minister a report under section 22 or 25A of the Inspector‑General of Intelligence and Security Act 1986; and
(b) the report relates (wholly or partly) to one or both of the following:
(i) a journalist information warrant issued to the ACC;
(ii) one or more authorisations, referred to in subsection (6) of this section, that were made by one or more authorised officers of the ACC;
the Minister must, as soon as practicable, cause a copy of the report to be given to the Parliamentary Joint Committee on Intelligence and Security.
(10) The Parliamentary Joint Committee on Intelligence and Security may request a briefing from the Inspector‑General on:
(a) a journalist information warrant; or
(b) an authorisation or authorisations;
to which a report referred to in paragraph (9)(b) of this section relates.
313 Subparagraph 186A(3)(b)(ii)
Repeal the subparagraph, substitute:
(ii) if the Ombudsman is required to give a report to the Minister under section 186J that is about records that include the item—when the Ombudsman gives the report;
314 Subsection 186B(1)
After “an enforcement agency”, insert “, except the ACC or any agency, or part of an agency performing any functions, prescribed by regulations made under the Ombudsman Act 1976 for the purposes of subsection (1B) of this section,”.
315 Paragraph 186B(1)(b)
After “criminal law‑enforcement agency”, insert “, except the ACC or any agency, or part of an agency performing any functions, prescribed by regulations made under the Ombudsman Act 1976 for the purposes of subsection (1B) of this section”.
316 Paragraph 186B(1A)(b)
After “an enforcement agency”, insert “, except the ACC or any agency, or part of an agency performing any functions, prescribed by regulations made under the Ombudsman Act 1976 for the purposes of subsection (1B) of this section,”.
317 After subsection 186B(1A)
Insert:
(1B) Regulations made under the Ombudsman Act 1976 may prescribe certain agencies, or functions of certain agencies, for the purposes of this subsection.
318 Section 186F (heading)
After “Ombudsman”, insert “or Inspector‑General of Intelligence and Security,”.
319 Before subsection 186F(1)
Insert:
Exchange of information between Ombudsman and State inspecting authorities
320 At the end of section 186F
Add:
Exchange of information between Inspector‑General of Intelligence and Security and State inspecting authorities
(4) If an IGIS official has obtained, under the Inspector‑General of Intelligence and Security Act 1986, information relating to an authority of a State or Territory about the performance of functions of an intelligence agency (within the meaning of that Act) and its officers relating to:
(a) Chapter 3 or 4 of this Act; or
(b) Part 15 of the Telecommunications Act 1997 in relation to the performance of a function, or the exercise of a power, conferred by that Part of that Act in connection with a stored communications warrant or an authorisation under Division 3, 4 or 4A of Part 4‑1 of this Act;
the Inspector‑General of Intelligence and Security may give the information to an inspecting authority of that State or Territory (within the meaning of subsection (5)).
(5) For the purposes of subsection (4), an inspecting authority of a State or Territory is an authority:
(a) that has powers under the law of that State or Territory; and
(b) has the function of making inspections of a similar kind to those provided for in section 9A of the Inspector‑General of Intelligence and Security Act 1986 when the inspecting authority is exercising those powers.
(6) However, the Inspector‑General of Intelligence and Security may give the information only if the Inspector‑General of Intelligence and Security is satisfied that giving the information is necessary to enable the inspecting authority to perform its functions in relation to the authority of the State or Territory.
(7) The Inspector‑General of Intelligence and Security may receive, from an inspecting authority, information that:
(a) relates to the performance of functions of an intelligence agency (within the meaning of the Inspector‑General of Intelligence and Security Act 1986) relating to the provisions mentioned in paragraph (4)(a) or (b); and
(b) is relevant to the performance of the Inspector‑General of Intelligence and Security’s functions under the Inspector‑General of Intelligence and Security Act 1986.
321 Clause 51 of Schedule 1 (paragraph beginning “If an international production order is issued”)
After “the Ombudsman”, insert “(if the agency is not the ACC), or the Inspector‑General of Intelligence and Security (if the agency is the ACC)”.
322 Division 5 of Part 3 of Schedule 1 (heading)
Repeal the heading, substitute:
Division 5—Notification to Ombudsman or the Inspector‑General of Intelligence and Security by Part 5.3 IPO agencies in relation to international production orders
323 Clause 81 of Schedule 1 (heading)
After “to Ombudsman”, insert “or the Inspector‑General of Intelligence and Security”.
324 Subclause 81(1) of Schedule 1
Repeal the subclause, substitute:
(1) Within 3 months after an international production order is issued under this Part in response to an application by a Part 5.3 IPO agency, the chief officer of the agency must:
(a) if the agency is the ACC:
(i) notify the Inspector‑General of Intelligence and Security that the order has been issued; and
(ii) give to the Inspector‑General of Intelligence and Security a copy of the order; and
(b) otherwise:
(i) notify the Ombudsman that the order has been issued; and
(ii) give to the Ombudsman a copy of the order.
325 Paragraph 81(2)(a) of Schedule 1
After “the Ombudsman”, insert “or the Inspector‑General of Intelligence and Security (as the case requires)”.
326 Subparagraph 133(2)(b)(ii) of Schedule 1
Repeal the subparagraph, substitute:
(ii) if the Ombudsman is required to give a report to the Minister under clause 150 that is about records that include the copy—when the Ombudsman gives the report;
327 Subparagraph 134(3)(b)(ii) of Schedule 1
Repeal the subparagraph, substitute:
(ii) if the Ombudsman is required to give a report to the Minister under clause 150 that is about records that include the copy—when the Ombudsman gives the report;
328 Clause 141 of Schedule 1 (paragraph beginning “The Ombudsman may inspect records of a relevant agency”)
After “a relevant agency”, insert “, except the ACC or certain agencies, or parts of agencies, prescribed by regulations made under the Ombudsman Act 1976,”.
329 Subclause 142(1) of Schedule 1
After “may inspect records of a relevant agency”, insert “, except the ACC or any agency, or part of an agency performing any functions, prescribed by regulations made under the Ombudsman Act 1976 for the purposes of subclause (1A) of this clause,”.
330 After subclause 142(1) of Schedule 1
Insert:
(1A) Regulations made under the Ombudsman Act 1976 may prescribe certain agencies, or functions of certain agencies, for the purposes of this subclause.
331 Clause 147 of Schedule 1 (heading)
After “Ombudsman”, insert “or Inspector‑General of Intelligence and Security,”.
332 Before subclause 147(1) of Schedule 1
Insert:
Exchange of information between Ombudsman and State/Territory inspecting authorities
333 At the end of clause 147 of Schedule 1
Add:
Exchange of information between Inspector‑General of Intelligence and Security and State/Territory inspecting authorities
(4) If an IGIS official has obtained, under the Inspector‑General of Intelligence and Security Act 1986, information relating to an authority of a State or Territory about the performance of functions of an intelligence agency (within the meaning of that Act) and its officers, the Inspector‑General of Intelligence and Security may give the information to another authority of that State or Territory (an inspecting authority) that:
(a) has powers under the law of that State or Territory; and
(b) has the function of making inspections of a similar kind to those provided for in section 9A of the Inspector‑General of Intelligence and Security Act 1986 when the inspecting authority is exercising those powers.
(5) However, the Inspector‑General of Intelligence and Security may give the information only if the Inspector‑General of Intelligence and Security is satisfied that giving the information is necessary to enable the inspecting authority to perform its functions in relation to the authority of the State or Territory.
(6) The Inspector‑General of Intelligence and Security may receive, from an inspecting authority, information that:
(a) relates to the performance of functions of an intelligence agency (within the meaning of the Inspector‑General of Intelligence and Security Act 1986) with this Schedule; and
(b) is relevant to the performance of the Inspector‑General of Intelligence and Security’s functions under that Act.
Part 3—Consequential amendments commencing after the NACC Act
National Anti‑Corruption Commission Act 2022
334 Section 7
Insert:
ACIC means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002.
335 Section 7 (at the end of the definition of intelligence agency)
Add:
; or (g) ACIC.
Part 4—Consequential amendments commencing after the PID Amendment Act
Public Interest Disclosure Act 2013
336 Section 7 (paragraph (b) of the paragraph beginning “Notice of decisions”)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
337 Paragraphs 7A(2)(c) and 7B(1)(b)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
338 Subparagraphs 43(5)(a)(ii) and (iii)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
339 Subsection 43(7)
Repeal the subsection.
340 Subparagraphs 44(3)(b)(iv) and (c)(ii)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
341 Paragraphs 44A(3)(b) and (c)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
342 Subparagraphs 45A(1)(b)(ii) and 51(4)(c)(ii)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
Part 5—Consequential amendments commencing after the PID Amendment Act and the NACC (CTP) Act commence
Public Interest Disclosure Act 2013
343 Subparagraphs 44B(2)(b)(iii), 50A(4)(b)(iii) and 56(4A)(b)(ii)
Omit “ACIC”, substitute “AUSTRAC, the Department of Home Affairs”.
Schedule 2—Contingent amendments
Part 1—Consequential amendments if the NACC (CTP) Act commences before the main amendments in Schedule 1
Australian Border Force Act 2015
1 Section 43 (heading)
Omit “or the National Anti‑Corruption Commission Act 2022”, substitute “or integrity bodies”.
Crimes Act 1914
2 Paragraph 15HK(3)(a)
Omit “or the Inspector of the National Anti‑Corruption Commission”, substitute “, the Inspector of the National Anti‑Corruption Commission or the Inspector‑General of Intelligence and Security”.
Ombudsman Act 1976
3 Subsection 20ZS(1) (cell at table item 11, column 1)
Repeal the cell, substitute:
| subsection 35C(2) (paragraph (a) of the definition of listed disclosure method) (disclosure of NACC information) |
4 Subsection 20ZS(1) (cell at table item 12, column 1)
Repeal the cell, substitute:
| subsection 35C(2) (paragraph (b) of the definition of listed disclosure method) (disclosure of NACC information) |
Part 2—Consequential amendments if the main amendments in Schedule 1 commence before the NACC (CTP) Act
Australian Border Force Act 2015
5 Section 43 (heading)
Omit “or the Law Enforcement Integrity Commissioner Act 2006”, substitute “or integrity bodies”.
Crimes Act 1914
6 Paragraph 15HK(3)(a)
Omit “or the Integrity Commissioner”, substitute “, the Integrity Commissioner or the Inspector‑General of Intelligence and Security”.
Ombudsman Act 1976
7 Subsection 20ZS(1) (cell at table item 11, column 1)
Repeal the cell, substitute:
| subsection 35C(2) (paragraph (a) of the definition of listed disclosure method) (disclosure of ACLEI information) |
8 Subsection 20ZS(1) (cell at table item 12, column 1)
Repeal the cell, substitute:
| subsection 35C(2) (paragraph (b) of the definition of listed disclosure method) (disclosure of ACLEI information) |
Part 3—Consequential amendments commencing after the NACC (CTP) Act commences if the main amendments in Schedule 1 commence first
Australian Crime Commission Act 2002
9 Paragraph 21C(2)(g)
Omit “(within the meaning of the National Anti‑Corruption Commission Act 2022).”, substitute “(within the meaning of the National Anti‑Corruption Commission Act 2022); or”.
10 Paragraph 21C(4)(e)
Omit “(within the meaning of the National Anti‑Corruption Commission Act 2022).”, substitute “(within the meaning of the National Anti‑Corruption Commission Act 2022); or”.
11 Paragraph 29B(2)(g)
Omit “(within the meaning of the National Anti‑Corruption Commission Act 2022).”, substitute “(within the meaning of the National Anti‑Corruption Commission Act 2022); or”.
12 Paragraph 29B(4)(e)
Omit “(within the meaning of the National Anti‑Corruption Commission Act 2022).”, substitute “(within the meaning of the National Anti‑Corruption Commission Act 2022); or”.
Crimes Act 1914
13 Paragraph 15HK(3)(a)
Omit “the Integrity Commissioner”, substitute “the National Anti‑Corruption Commissioner, the Inspector of the National Anti‑Corruption Commission”.
Part 4—Consequential amendments if the NSLAB (No. 2) Act commences before the main amendments in Schedule 1
Ombudsman Act 1976
14 Before subparagraph 5(2)(e)(i)
Insert:
(ia) the ACIC;
15 Subparagraph 5(2)(e)(vi)
Repeal the subparagraph, substitute:
(vi) the Office of National Intelligence;
(vii) the part of the Department of Home Affairs prescribed by the regulations; or
Part 5—Consequential amendments if the main amendments in Schedule 1 commence before the NSLAB (No. 2) Act
Ombudsman Act 1976
16 After paragraph 5(2)(d)
Insert:
(f) action taken by:
(i) the ACIC; or
(ii) the part of the Department of Home Affairs prescribed by the regulations; or
Part 6—Consequential amendments commencing after the NSLAB (No. 2) Act if the main amendments in Schedule 1 commence before the NSLAB (No. 2) Act
Ombudsman Act 1976
17 Before subparagraph 5(2)(e)(i)
Insert:
(ia) the ACIC;
18 Subparagraph 5(2)(e)(vi)
Repeal the subparagraph, substitute:
(vi) the Office of National Intelligence;
(vii) the part of the Department of Home Affairs prescribed by the regulations; or
19 Paragraph 5(2)(f)
Repeal the paragraph.
Schedule 3—Review of access to ACIC criminal intelligence assessment records under the archives law
Administrative Appeals Tribunal Act 1975
1 Subsection 3(1)
Insert:
ACIC means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002.
2 Subsection 3(1) (at the end of the definition of exempt security record)
Add:
; or (c) for the purposes of a proceeding relating to an application under section 43 of the Archives Act 1983 to review a decision in respect of access to a record of the ACIC relating to a criminal intelligence assessment (within the meaning of Division 2A of Part II of the Australian Crime Commission Act 2002)—the record.
Note: For procedural requirements relating to applications made to the Tribunal in respect of adverse criminal intelligence assessments under section 36F of the Australian Crime Commission Act 2002, see Subdivision C of Division 2A of Part II of that Act.
3 After subsection 19F(3)
Insert:
(3A) If the proceeding relates to a record referred to in paragraph (c) of the definition of exempt security record, a presidential member must not participate in the proceeding if the presidential member is or has been a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002).
4 Application of amendments
The amendments of sections 3 and 19F of the Administrative Appeals Tribunal Act 1975 made by this Schedule apply in relation to a proceeding for the review of a decision made on or after the commencement of this item.
Schedule 4—Liability for certain computer‑related acts
Criminal Code Act 1995
1 Subsection 476.1(1) of the Criminal Code
Insert:
civil or criminal liability means any civil or criminal liability (whether under this Part, under another law or otherwise).
computer‑related act, event, circumstance or result means an act, event, circumstance or result involving:
(a) the reliability, security or operation of a computer; or
(b) access to, or modification of, data held in a computer or on a data storage device; or
(c) electronic communication to or from a computer; or
(d) the reliability, security or operation of any data held in or on a computer, computer disk, credit card, or other data storage device; or
(e) possession or control of data held in a computer or on a data storage device; or
(f) producing, supplying or obtaining data held in a computer or on a data storage device.
2 Subsection 476.4(2) of the Criminal Code
Omit “section 476.6”, substitute “sections 476.6 and 476.7”.
3 Subsection 476.6(10) of the Criminal Code
Repeal the following definitions:
(a) definition of civil or criminal liability;
(b) definition of computer‑related act, event, circumstance or result.
4 At the end of Division 476 of the Criminal Code
Add:
476.7 Liability for certain acts—defence officials
(1) A defence official (within the meaning of subsection (8)) is not subject to any civil or criminal liability for engaging in conduct inside or outside Australia if:
(a) the conduct is engaged in on the reasonable belief that it is likely to cause a computer‑related act, event, circumstance or result to take place outside Australia (whether or not it in fact takes place outside Australia); and
(b) the conduct is engaged in in the proper performance of authorised ADF activities.
(2) A person is not subject to any civil or criminal liability for engaging in conduct inside or outside Australia if:
(a) the conduct is preparatory to, in support of, or otherwise directly connected with, authorised ADF activities outside Australia; and
(b) the conduct:
(i) taken together with a computer‑related act, event, circumstance or result that took place, or was intended to take place, outside Australia, could amount to an offence; but
(ii) in the absence of that computer‑related act, event, circumstance or result, would not amount to an offence; and
(c) the conduct is engaged in in the proper performance of authorised ADF activities.
(3) Subsection (2) is not intended to permit any conduct in relation to premises, persons, computers, things, or carriage services in Australia, being:
(a) conduct which ASIO could not engage in without a Minister authorising it by warrant issued under Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979 or under Part 2‑2 of the Telecommunications (Interception and Access) Act 1979; or
(b) conduct engaged in to obtain information that ASIO could not obtain other than in accordance with Division 3 of Part 4‑1 of the Telecommunications (Interception and Access) Act 1979.
(4) Subsections (1) and (2) have effect despite anything in a law of the Commonwealth or of a State or Territory, whether passed or made before or after the commencement of this subsection, unless the law expressly provides otherwise.
(5) Subsection (4) does not affect the operation of subsection (3).
Requirement to give notice of conduct
(6) If:
(a) a person engages in conduct referred to in subsection (1) or (2); and
(b) the conduct causes material damage, material interference or material obstruction to a computer (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979) in Australia; and
(c) apart from this section, the person would commit an offence against this Part;
then the person must, as soon as practicable, give a written notice of that fact to:
(d) the Chief of the Defence Force; and
(e) if the person is not under the command of the Chief of the Defence Force—the Secretary of the Defence Department.
(7) The notice must also provide details about the conduct that caused the damage, interference or obstruction to the computer.
Definitions
(8) In this section:
authorised ADF activity means an activity, or an activity included in a class of activities, of the Australian Defence Force that is:
(a) authorised by the Chief of the Defence Force; and
(b) connected with the defence or security of Australia.
defence official means:
(a) a member of the Australian Defence Force; or
(b) a defence civilian (within the meaning of the Defence Force Discipline Act 1982); or
(c) the Secretary of the Defence Department; or
(d) an APS employee of the Defence Department; or
(e) a consultant or contractor to the Defence Department; or
(f) a person who is made available by another Commonwealth or State authority or other person to perform services for the Defence Department; or
(g) any other person included in a class of persons specified under subsection (9).
(9) The Secretary of the Defence Department or the Chief of the Defence Force may, by legislative instrument, specify one or more classes of persons for the purposes of paragraph (g) of the definition of defence official in subsection (8).
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
Delegation
(10) The Secretary of the Defence Department may, in writing, delegate the Secretary’s power under subsection (9) to an SES employee in the Defence Department.
(11) The Chief of the Defence Force may, in writing, delegate the Chief’s power under subsection (9) to:
(a) an officer of the Australian Navy who holds the rank of Commodore or a higher rank; or
(b) an officer of the Australian Army who holds the rank of Brigadier or a higher rank; or
(c) an officer of the Australian Air Force who holds the rank of Air Commodore or a higher rank.
5 Application provision
The amendments made by this Part apply in relation to conduct engaged in on or after the commencement of this item.
Schedule 5—Application and transitional provisions for Schedules 1 and 2
1 Application—amendments of the Inspector‑General of Intelligence and Security Act 1986 and the Office of National Intelligence Act 2018 in Part 1 of Schedule 1
General application provision
(1) The amendments of the Inspector‑General of Intelligence and Security Act 1986, made by Part 1 of Schedule 1 to this Act, apply (subject to this item) in relation to:
(a) inquiries under that Act commenced after the commencement of that Part (whether in response to a complaint, a request or on the Inspector‑General of Intelligence and Security’s own motion); and
(b) complaints made to the Inspector‑General before the commencement of that Part if:
(i) the Inspector‑General has not completed any preliminary inquiries under section 14 of that Act before that time; or
(ii) the Inspector‑General has not made a decision on whether to commence an inquiry before that time; or
(iii) at least part of the complaint relates to functions of the Inspector‑General before that time; and
(c) complaints made to the Ombudsman before, or within the period of 12 months after, the commencement of that Part that are transferred to the Inspector‑General under item 4 of this Schedule;
whether the action to which the inquiry relates was taken before or after that commencement.
(2) Subitem (1) does not relate to a disclosure of information which has been allocated under section 43 of the Public Interest Disclosure Act 2013 before that commencement.
Information sharing
(3) Section 32AFA of the Inspector‑General of Intelligence and Security Act 1986, as inserted by Part 1 of Schedule 1 to this Act, applies in relation to the disclosure of examination material after the commencement of that Part (whether the material was created or obtained before or after that commencement).
Obtaining reports
(4) The amendments of section 32A of the Inspector‑General of Intelligence and Security Act 1986, made by Part 1 of Schedule 1 to this Act, apply in relation to reports given on or after the commencement of that Part.
Giving directions and guidelines
(5) The amendments of section 32B of the Inspector‑General of Intelligence and Security Act 1986, made by Part 1 of Schedule 1 to this Act, apply in relation to any direction or guideline that is:
(a) given after the commencement of that Part; or
(b) in force immediately before that commencement.
Briefing the PJCIS
(6) Section 32C of the Inspector‑General of Intelligence and Security Act 1986 and section 18A of the Office of National Intelligence Act 2018, as inserted by Part 1 of Schedule 1 to this Act, apply from the first 1 January after that Part commences.
2 Application—amendments of the Intelligence Services Act 2001 in Part 1 of Schedule 1
General application provision
(1) The amendments of the Intelligence Services Act 2001, made by Part 1 of Schedule 1 to this Act, apply (subject to this item) in relation to the performance of any functions by ACIC, AFP, AUSTRAC and the Department of Home Affairs after the commencement of that Part.
Administration and expenditure
(2) The amendments of paragraph 29(1)(a) of the Intelligence Services Act 2001, made by Part 1 of Schedule 1 to this Act, apply in relation to the first financial year that ends after the commencement of that Part.
PJCIS request function
(3) Subsection 29(2A) of the Intelligence Services Act 2001, as inserted by Part 1 of Schedule 1 to this Act, applies in relation to activities of an agency occurring before or after the commencement of that Part.
Reports to Parliament
(4) The amendments of clause 7 of Schedule 1 to the Intelligence Services Act 2001, made by Part 1 of Schedule 1 to this Act, apply in relation to any report presented to a House of the Parliament after the commencement of that Part (whether in relation to information obtained before or after that commencement).
PJCIS meetings and subcommittees
(5) The amendments of Schedule 1 to the Intelligence Services Act 2001, made by Part 1 of Schedule 1 to this Act (except clause 7), apply in relation to:
(a) any meeting conducted by the Parliamentary Joint Committee on Intelligence and Security after the commencement of that Part; and
(b) subcommittees of the Parliamentary Joint Committee on Intelligence and Security after the commencement of that Part, whether the subcommittee was established before or after that commencement.
3 Application—amendments of the Parliamentary Joint Committee on Law Enforcement Act 2010 in Part 1 of Schedule 1
The amendments of section 10 of the Parliamentary Joint Committee on Law Enforcement Act 2010, made by Part 1 of Schedule 1 to this Act, apply in relation to the calendar year during which the commencement of that Part occurs, such that the Ombudsman and the Inspector‑General of Intelligence and Security must brief the Committee about the involvement of the ACC in controlled operations, as it relates to the Ombudsman’s or Inspector‑General’s functions that year.
4 Application of amendments in Part 2 of Schedule 1 and in Schedule 2
General application—use and disclosure of information
(1) The amendments made by Part 2 of Schedule 1 to this Act apply (subject to this item) in relation to the making, disclosing or using (however described) of information, documents or records (however described) after the commencement of that Part (whether the information, documents or records were obtained before or after that time).
ACIC functions
(2) The amendments of section 19A of the Australian Crime Commission Act 2002, made by Part 2 of Schedule 1 to this Act, apply in relation to requests made after the commencement of that Part.
(3) The amendments of subsections 25A(4) to (4C) of the Australian Crime Commission Act 2002, made by Part 2 of Schedule 1 to this Act, apply in relation to examinations conducted after the commencement of that Part.
(4) Subsection 25A(14B) of the Australian Crime Commission Act 2002, as inserted by Part 2 of Schedule 1 to this Act, applies in relation to uses or disclosures of examination material after the commencement of that Part (whether the material was created or obtained before or after that commencement).
(5) Despite the repeal of paragraphs 29B(2)(f) and (4)(d) of the Australian Crime Commission Act 2002 by Part 2 of Schedule 1 to this Act, those paragraphs continue to apply in relation to disclosures made during the period of 12 months beginning at the commencement of that Part.
AHRC functions
(6) The amendments of the Australian Human Rights Commission Act 1986, made by Part 2 of Schedule 1 to this Act, apply in relation to an act or practice that occurs after the commencement of that Part.
Reporting
(7) The amendments of sections 3ZZVL, 3ZZVM, 3ZZVN, 3ZZVR, 3ZZVS and 3ZZVU of the Crimes Act 1914, made by Part 2 of Schedule 1 to this Act, apply from the first 30 June that occurs after the commencement of that Part.
(8) The amendments of Part IAB of the Crimes Act 1914 (except sections 15HK and 15HW), made by Part 2 of Schedule 1 to this Act, apply from the first 30 June that occurs after the commencement of that Part.
Ombudsman functions
(9) The amendments of the Ombudsman Act 1976, made by Part 2 of Schedule 1, or Part 4, 5 or 6 of Schedule 2, to this Act, apply (subject to this item) in relation to:
(a) inquiries under that Act commenced after the commencement of that Part; and
(b) complaints made to the Ombudsman before the commencement of that Part if:
(i) the Ombudsman has not completed any preliminary inquiries under section 7A of that Act before that time; or
(ii) the Ombudsman has not made a decision on whether to commence an inquiry before that time;
whether the action to which the inquiry relates was taken before or after that commencement.
Note: Under item 5 of this Schedule, the Ombudsman may transfer complaints to the Inspector‑General of Intelligence and Security after the commencement of Parts 1 and 2 of Schedule 1 to this Act.
(10) Subitem (9) does not relate to a disclosure of information which has been allocated under section 43 of the Public Interest Disclosure Act 2013 before that commencement.
Public interest disclosures
(11) The amendments of the Public Interest Disclosure Act 2013 made by Part 2, 4 or 5 of Schedule 1 apply in relation to public interest disclosures made after the commencement of that Part (whether in relation to conduct that occurred before or after that commencement).
Notifications and inspections
(12) The amendments of the Surveillance Devices Act 2004, made by Part 2 of Schedule 1 to this Act, apply in relation to:
(a) warrants issued after the commencement of that Part; and
(b) warrants issued before the commencement of that Part if:
(i) no notification has been given, in relation to the issue of the warrant, by that commencement; or
(ii) a thing is done under the warrant before or after that commencement, and no notification has been given, by that commencement.
(13) The amendments of the Telecommunications Act 1997, made by Part 2 of Schedule 1 to this Act, apply in relation to:
(a) requests or notices given, or declarations made, after the commencement of that Part; and
(b) requests or notices given, or declarations made, before the commencement of that Part if:
(i) no notification has been given, in relation to the giving of the request or notice or making of the declaration, by that commencement; or
(ii) the request or notice is extended, varied or revoked before or after that commencement, and no notification has been given, by that commencement; and
(c) reports relating to consultation notices, whether the notice was issued before or after the commencement of that Part.
(14) The amendments of the Telecommunications (Interception and Access) Act 1979, made by Part 2 of Schedule 1 to this Act, apply in relation to:
(a) warrants or orders issued after the commencement of that Part; and
(b) warrants or orders issued before the commencement of that Part if:
(i) no notification has been given, in relation to the issue of the warrant, by that commencement; and
(ii) a condition, restriction or provision relating to the warrant is contravened before or after that commencement, and no notification has been given, by that commencement.
5 Transitional arrangements—transfer of complaints from the Ombudsman to the IGIS
(1) This item applies in relation to a complaint, or part of a complaint, if the complaint, or part of the complaint:
(a) was received by the Ombudsman before, or within the period of 18 months after, the commencement of Parts 1 and 2 of Schedule 1 to this Act; and
(b) relates to action taken by ACIC; and
(c) has not been completed by that commencement; and
(d) could, in the opinion of the Ombudsman, be more appropriately or effectively dealt with by the Inspector‑General of Intelligence and Security.
(2) The Ombudsman must transfer the complaint, or part of the complaint, to the Inspector‑General of Intelligence and Security.
Note: A complaint, or part of a complaint, transferred under this item is taken to have been made to the Inspector‑General under the Inspector‑General of Intelligence and Security Act 1986 (see section 32AH of that Act).
(3) The Ombudsman must transfer any information and documents relating to the complaint in accordance with section 35AB of the Ombudsman Act 1976.
6 Transitional arrangements—information sharing
Section 32AF of the Inspector‑General of Intelligence and Security Act 1986 and sections 35 and 35AB of the Ombudsman Act 1976 apply, for a period of 18 months beginning at the commencement of Parts 1 and 2 of Schedule 1 to this Act, as if the amendments to the Ombudsman Act 1976 in Part 2 of Schedule 1, and Parts 4, 5 and 6 of Schedule 2 (as applicable), had not been made.
7 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(3) This Schedule (other than subitem (2)) does not limit the rules that may be made under this item.