Inspector‑General of Intelligence and Security Regulations 2026
I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 28 May 2026
Sam Mostyn AC
Governor‑General
By Her Excellency’s Command
Michelle Rowland
Attorney‑General
1 Name
2 Commencement
3 Authority
4 Definitions
5 Meaning of intelligence function for the Department of Home Affairs
6 Notification of changes to functions etc. of the Department of Home Affairs
This instrument is the Inspector‑General of Intelligence and Security Regulations 2026.
(1) Each provision of this instrument 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. The whole of this instrument | The later of: (a) the day after this instrument is registered; and (b) 4 June 2026. | 4 June 2026 (paragraph (b) applies) |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the Inspector‑General of Intelligence and Security Act 1986.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Department of Home Affairs;
(b) responsible Minister.
In this instrument:
Act means the Inspector‑General of Intelligence and Security Act 1986.
For the purposes of subsection 3A(4) of the Act, intelligence function for the Department of Home Affairs means the collection, correlation, analysis, production and dissemination of intelligence by the Department of Home Affairs to support the performance of its functions relating to immigration, border security, cyber security or national security.
(1) Subsection (2) applies if:
(a) there is a change to the functions performed by, or activities undertaken by, the Department of Home Affairs; and
(b) having regard to the objects of the Act, the responsible Minister for the Department of Home Affairs is satisfied that the change to those functions or activities may be relevant to determining what meaning should be given to intelligence function for the Department of Home Affairs by regulations made for the purposes of subsection 3A(4) of the Act.
(2) For the purposes of subsection 3A(6) of the Act, the responsible Minister for the Department of Home Affairs must ensure that each of the following persons is notified of the change to the functions performed by, or activities undertaken by, the Department of Home Affairs:
(a) the Inspector‑General;
(b) the Ombudsman;
(c) the Minister administering the Act, and the Secretary of the Department administered by that Minister;
(d) the Minister administering the Ombudsman Act 1976, and the Secretary of the Department administered by that Minister.