Inspector-General of Intelligence and Security Act 1986

No. 101, 1986

Compilation No. 47

Compilation date: 4 June 2026

Includes amendments: Act No. 75, 2025

About this compilation

This compilation

This is a compilation of the Inspector-General of Intelligence and Security Act 1986 that shows the text of the law as amended and in force on 4 June 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I—Preliminary 1

1 Short title 1

2 Commencement 1

3 Interpretation 1

3A Meaning of intelligence function 7

4 Objects of Act 9

5 Application of Act 9

5A Application of the Criminal Code 10

Part II—Inspector-General 11

Division 1—Establishment and functions of Inspector-General 11

6 Inspector-General of Intelligence and Security 11

6AA The Office of the Inspector-General of Intelligence and Security 12

6A Acting Inspector-General 12

7 Appointment of Judge as Inspector-General not to affect tenure etc. 13

8 Intelligence agency inquiry functions of Inspector-General 13

8AA Inquiry functions of Inspector-General undertaken at request of Parliamentary Joint Committee on Intelligence and Security 21

8A Public interest disclosure functions of Inspector-General 22

9 Additional inquiry functions of Inspector-General 23

9AA Limits on the Inspector-General’s functions 23

9A Inspection functions of Inspector-General 24

9B Power to enter places relating to certain warrants and directions 25

Division 2—Complaints 26

10 Form of complaints 26

11 Inquiry into complaint 26

12 Procedure if complaint not pursued 29

13 Special arrangements for persons in custody 29

Division 2A—Preliminary inquiries 31

14 Preliminary inquiries 31

Division 3—Inquiries 33

Subdivision A—Obligations before commencing an inquiry 33

15 Inspector-General to inform certain persons before commencing an inquiry 33

Subdivision B—Conduct of inquiries 34

17 Conduct of inquiries 34

17A Obligation when evidence of breach of duty or misconduct 35

Subdivision C—General powers in relation to inquiries 36

18 Power to obtain information and documents 36

19 Entry to premises occupied by a Commonwealth agency 39

19A Power to enter places relating to certain warrants and directions 40

Division 4—Reports 41

20A Reports under this Act and other Acts 41

21 Draft reports relating to inquiries 41

22 Reports relating to inquiries given to Commonwealth agency head etc. 42

22A Response to the Parliamentary Joint Committee on Intelligence and Security 44

23 Response to complainant 46

24 Action as a result of reports—general 46

24A Action as a result of certain reports relating to heads of Commonwealth agencies 47

25 Reports concerning collection or communication of intelligence 48

25A Reports relating to other inspections 49

25B Reports relating to preliminary inquiries 49

Part III—Administrative Provisions 50

26 Terms and conditions of appointment 50

27 Remuneration and allowances 50

28 Leave of absence 51

29 Resignation 51

30 Termination of appointment 51

32 Staff 52

32AAA Consultants 53

32AAB Contracted service providers 53

32AAC Secondment of employees of Inspector-General 54

32AAD Secondment of persons to the Inspector-General 54

32AA Delegation 54

Part IIIA—Relationships with other agencies and information sharing 56

Division 1—Avoiding duplication of oversight 56

32AB Avoiding duplication of oversight 56

Division 2—Sharing information with the Inspector-General 57

32AC Protection for persons providing information voluntarily to the Inspector-General 57

32AD Security of Commonwealth agency information and documents 58

32AE Authorisation for the purposes of the Privacy Act 1988 59

Division 3—Information sharing by the Inspector-General 60

32AEA Information sharing with Ministers 60

32AF Information sharing with integrity bodies 60

32AFA Disclosure of ACIC examination material 61

32AG Transferring complaints to other integrity bodies 61

32AH Complaints transferred by integrity bodies 62

Part IV—Miscellaneous 63

32A Inspector-General may obtain reports 63

32B Minister to give directions and guidelines to Inspector-General 64

32C Briefing the Parliamentary Joint Committee on Intelligence and Security 65

33 Protection from civil actions 65

34 Secrecy 66

34AA Disclosure of IPO information to the Ombudsman and the Australian Designated Authority etc. 70

34AB Disclosure of information or documents to the National Anti-Corruption Commission 71

34AC Disclosure of information or documents to the Defence and Veterans’ Service Commission 72

34A Information and documents may be given to Royal Commissioners 72

34C No evidential burden for IGIS officials in relation to defences to secrecy offences 73

35 Annual report 74

36 Regulations 77

Endnotes 78

Endnote 1—About the endnotes 78

Endnote 2—Abbreviation key 80

Endnote 3—Legislation history 81

Endnote 4—Amendment history 89

An Act to provide for the appointment of an Inspector-General of Intelligence and Security, and for related purposes

I Preliminary

1 Short title

This Act may be cited as the Inspector-General of Intelligence and Security Act 1986.

2 Commencement

This Act commences on the day fixed under subsection 2(1) of the Australian Security Intelligence Organization Amendment Act 1986.

3 Interpretation 1

In this Act, unless the contrary intention appears:

ACIC means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002.

adverse security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.

AFP means the Australian Federal Police.

AGO means that part of the Defence Department known as the Australian Geospatial-Intelligence Organisation, and any part of the Defence Force that performs functions on behalf of that part of the Department.

APS Code of Conduct means the rules in section 13 of the Public Service Act 1999.

ASD means the Australian Signals Directorate.

ASIO means the Australian Security Intelligence Organisation continued in existence by the Australian Security Intelligence Organisation Act 1979.

ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

ASIS means the Australian Secret Intelligence Service.

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.

Australia, when used in a geographical sense, includes the external Territories.

CEO of ACIC means the Chief Executive Officer of ACIC.

Commonwealth agency means the following: (a) a Department of State, or an Agency within the meaning of the Public Service Act 1999; the Australian Defence Force; an intelligence agency; a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth; the holder of an office established for public purposes by or under a law of the Commonwealth; a body, whether incorporated or not, declared to be a Commonwealth agency by a legislative instrument made under subsection (4).

(a) a Department of State, or an Agency within the meaning of the Public Service Act 1999;

the Australian Defence Force;

an intelligence agency;

a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth;

the holder of an office established for public purposes by or under a law of the Commonwealth;

a body, whether incorporated or not, declared to be a Commonwealth agency by a legislative instrument made under subsection (4).

contracted service provider, for an IGIS contract, means:

a person who is a party to the IGIS contract and who is responsible for the provision of services to the Inspector-General under the IGIS contract; or

a subcontractor for the IGIS contract.

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.

Department of Home Affairs means the Department administered by the Minister administering the Australian Border Force Act 2015.

DIO means that part of the Defence Department known as the Defence Intelligence Organisation.

disclosable conduct has the same meaning as in the Public Interest Disclosure Act 2013.

discrimination has the same meaning as in the Australian Human Rights Commission Act 1986.

employee means a person who is employed, whether in a permanent or temporary capacity, in the agency.

head means:

in relation to ASIO—the Director-General of Security; or

in relation to ASIS—the Director-General of ASIS; or

in relation to ASD—the Director-General of ASD; or

in relation to AGO—the Director of AGO; or

in relation to DIO—the Director of DIO; or

in relation to ACIC—the CEO of ACIC; or

in relation to AFP—the Commissioner of Police; or

in relation to AUSTRAC—the AUSTRAC CEO; or

in relation to the Department of Home Affairs—the Secretary of the Department of Home Affairs; or

in relation to ONI—the Director-General of National Intelligence; or

in relation to any other Commonwealth agency:

in the case of a Department of State—the Secretary of the Department; or

otherwise—the person holding, or performing the duties of, the principal office in respect of the agency.

human rights has the same meaning as in the Australian Human Rights Commission Act 1986.

IGIS contract means a contract, to which the Inspector-General is a party, under which services are to be, or were to be, provided to the Inspector-General.

IGIS official (short for Inspector-General of Intelligence and Security official) means:

the Inspector-General; or

any other person covered by subsection 32(1).

Information Commissioner: see section 3A of the Australian Information Commissioner Act 2010.

Inspector-General means the Inspector-General of Intelligence and Security.

Inspector-General ADF means the Inspector-General of the Australian Defence Force referred to in section 110B of the Defence Act 1903.

integrity body:

means any of the following:

the Ombudsman;

the Australian Human Rights Commission;

iii

the Information Commissioner;

the National Anti-Corruption Commissioner;

iva

the Inspector of the National Anti-Corruption Commission;

the Inspector-General ADF; and

for a complaint—has the meaning given by paragraph 11(4A)(a).

intelligence agency means:

ASIO, ASIS, AGO, DIO, ASD, ONI or ACIC; or

the following agencies that have an intelligence function:

AFP;

AUSTRAC;

iii

the Department of Home Affairs.

intelligence function has the meaning given by section 3A.

Judge means:

a Judge of a court created by the Parliament or of a court of a State or of the Northern Territory (other than a Judge or acting Judge of the Local Court of New South Wales or of the Local Court of the Northern Territory); or

a person who has the same designation and status as a Judge of a court created by the Parliament.

law enforcement officer, when used in relation to AFP or ACIC, has the same meaning as in the Surveillance Devices Act 2004.

member, in relation to a Commonwealth agency, means:

an employee of the agency; or

a person who is authorised to perform any of the functions of the agency on behalf of the agency.

network activity warrant has the same meaning as in the Surveillance Devices Act 2004.

network activity warrant provisions of the Surveillance Devices Act 2004 means:

Division 6 of Part 2 of that Act; or

the remaining provisions of that Act so far as they relate to network activity warrants.

Ombudsman means the Commonwealth Ombudsman.

ONI means the Office of National Intelligence.

ONI Act employee means a member of the staff of ONI employed under subsection 33(3) of the Office of National Intelligence Act 2018.

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

positive duty in relation to sex discrimination means section 47C of the Sex Discrimination Act 1984.

Public Service Act ONI employee means a member of the staff of ONI engaged under the Public Service Act 1999.

qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.

responsible Minister, in relation to a Commonwealth agency, means:

in the case of an agency established or continued in existence by an Act—the Minister administering that Act, or the part of the Act that establishes the agency or continues the agency in existence; or

in any other case—the Minister having general responsibility for the activities of the agency.

security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

subcontractor, for an IGIS contract, means a person:

(a) who is a party to a contract (the subcontract):

with a contracted service provider for the IGIS contract (within the meaning of paragraph (a) of the definition of contracted service provider); or

with a subcontractor for the IGIS contract (under a previous application of this definition); and

who is responsible under the subcontract for the provision of services to the Inspector-General, or to a contracted service provider for the IGIS contract, for the purposes (whether direct or indirect) of the IGIS contract.

In this Act, unless the contrary intention appears, a reference to the taking of action includes a reference to:

the making of a decision or recommendation; and

the failure or refusal to take any action or to make a decision or recommendation.

For the purposes of this Act, action that is taken by a member of a Commonwealth agency is deemed to be taken by the agency if the member takes the action in his or her capacity as a member of the agency, whether or not:

the action is taken for or in connection with, or is incidental to, the performance of the functions of the agency; or

the taking of the action is within the duties of the member.

The Attorney-General may, by legislative instrument, declare a body to be a Commonwealth agency for the purposes of paragraph (f) of the definition of that expression in subsection (1).

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 Surveillance Devices Act 2004; orDivision 6 of Part 2 or Divisions 1 or 2 of Part 6 of the

a function or power conferred on a law enforcement officer of AFP by a Division referred to in paragraph (c).

To avoid doubt, the functions mentioned in paragraphs (1)(a) and (b) of this section do not include:

the arrest, charging or detention of suspected offenders; or

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

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.

Before the Governor-General makes regulations for the purposes of subsection (4), the Minister must:

consult the Inspector-General; and

be satisfied that the Inspector-General has had the opportunity to be briefed by the Department of Home Affairs in relation to the proposed regulations; and

obtain the agreement of the responsible Minister for the Department of Home Affairs to the making of the regulations.

The regulations may prescribe additional consultation or notification requirements in relation to changes to the intelligence functions of the Department of Home Affairs.

If the Governor-General makes regulations for the purposes of subsection (4) or (6):

the Minister must inform the Parliamentary Joint Committee on Intelligence and Security of the regulations; and

the Parliamentary Joint Committee on Intelligence and Security may request a briefing on the regulations from one or more of the following:

the Department of Home Affairs;

the Inspector-General.

4 Objects of Act

The objects of this Act are:

to assist Ministers in the oversight and review of:

the compliance with the law by, and the propriety of particular activities of, Australian intelligence agencies; and

the effectiveness and appropriateness of the procedures of those agencies relating to the legality or propriety of their activities; and

iii

certain other aspects of the activities and procedures of certain of those agencies; and

to assist Ministers in ensuring that the activities of those agencies are consistent with human rights; and

to assist Ministers in investigating intelligence or security matters relating to Commonwealth agencies, including agencies other than intelligence agencies; and

to allow for review of certain directions given to ASIO by the responsible Minister for ASIO; and

to assist the Government in assuring the Parliament and the public that intelligence and security matters relating to Commonwealth agencies are open to scrutiny, in particular the activities and procedures of intelligence agencies.

5 Application of Act

This Act applies both within and outside Australia and extends to every external Territory.

5A Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

II Inspector-General 1 Establishment and functions of Inspector-General

6 Inspector-General of Intelligence and Security 1

There is to be an Inspector-General of Intelligence and Security.

The Inspector-General is to be appointed by the Governor-General.

Consultation requirement

Before a recommendation is made to the Governor-General for the appointment of a person as Inspector-General, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives.

Limitation on appointment of Inspector-General

A person must not be appointed as Inspector-General if the person is, or the person’s most recent position was, the head or a deputy head (however described) of an intelligence agency.

Arrangements with States and Territories

The Governor-General may, for the purpose of appointing to the office of Inspector-General a person who is the holder of a judicial office of a State or of the Northern Territory, enter into such arrangement with the Governor of that State or the Administrator of that Territory, as the case may be, as is necessary to secure that person’s services.

An arrangement under subsection (4) may provide for the Commonwealth to reimburse a State or the Northern Territory with respect to the services of the person to whom the arrangement relates.

6AA The Office of the Inspector-General of Intelligence and Security

For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

the following group of persons is a listed entity:

the Inspector-General;

a person covered by subsection 32(1) of this Act; and

the listed entity is to be known as the Office of the Inspector-General of Intelligence and Security; and

the Inspector-General is the accountable authority of the Office of the Inspector-General of Intelligence and Security; and

the persons referred to in paragraph (a) are officials of the Office of the Inspector-General of Intelligence and Security; and

the purposes of the Office of the Inspector-General of Intelligence and Security include the functions of the Inspector-General referred to in sections 8, 9 and 9A.

6A Acting Inspector-General 1

The Attorney-General may appoint a person to act as the Inspector-General:

during a vacancy in the office of Inspector-General; or

during any period, or during all periods, when the Inspector-General is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

Before the Attorney-General appoints a person to act as the Inspector-General, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives about the appointment.

7 Appointment of Judge as Inspector-General not to affect tenure etc. 1

A person’s tenure as the holder of a judicial office and the person’s rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of the judicial office are not affected by:

the appointment of the person as the Inspector-General or to act as the Inspector-General; or

service by the person as the Inspector-General or while acting as Inspector-General;

and, for all purposes, the person’s service as Inspector-General must be taken to be service as the holder of that judicial office.

(2) In this section, judicial office means:

an office of judge of a court created by the Parliament; or

an office the holder of which has, by virtue of holding that office, the same status as a judge of a court created by the Parliament.

8 Intelligence agency inquiry functions of Inspector-General

Intelligence agency inquiry functions in relation to ASIO

Subject to this section, the functions of the Inspector-General in relation to ASIO are:

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 compliance by ASIO with the laws of the Commonwealth and of the States and Territories; or

the compliance by ASIO with directions or guidelines given to ASIO by the responsible Minister; or

iii

the propriety of particular activities of ASIO; or

the effectiveness and appropriateness of the procedures of ASIO relating to the legality or propriety of the activities of ASIO; or

(v) an act or practice of ASIO that is or may be inconsistent with or contrary to any human right, that constitutes or may constitute discrimination, or that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and

at the request of the Attorney-General or the responsible Minister or of the Inspector-General’s own motion, to inquire into the procedures of ASIO relating to redress of grievances of ASIO employees and ASIO affiliates; and

(c) at the request of the Attorney-General or the responsible Minister, to inquire into the action (if any) that should be taken to protect the rights of a person who is an Australian citizen or a permanent resident (within the meaning of the Australian Security Intelligence Organisation Act 1979) if:

ASIO has furnished a report to a Commonwealth agency (within the meaning of that Act) that may result in the taking of action that is adverse to the interests of the person; and

the report could not be reviewed by the Intelligence and Security jurisdictional area of the Administrative Review Tribunal;

and, in particular, to inquire into whether the person should be informed of the report and given an opportunity to make submissions in relation to the report; and

if the responsible Minister has given a direction to ASIO on the question whether:

the collection of intelligence concerning a particular individual is, or is not, justified by reason of its relevance to security; or

the communication of intelligence concerning a particular individual would be for a purpose relevant to security;

to inquire into whether that collection is justified on that ground or whether that communication would be for that purpose, as the case may be; and

at the request of the Attorney-General or the responsible Minister or of the Inspector-General’s own motion, to inquire into any matter that may relate to compliance by ASIO with the positive duty in relation to sex discrimination.

Intelligence agency inquiry functions in relation to ASIS, AGO or ASD

Subject to this section, the functions of the Inspector-General in relation to ASIS, AGO or ASD are:

(a) at the request of the Attorney-General or the responsible Minister, of the Inspector-General’s own motion or in response to a complaint made to the Inspector-General by a person who is an Australian citizen or a permanent resident (within the meaning of the Intelligence Services Act 2001), to inquire into any matter that relates to:

the compliance by that agency with the laws of the Commonwealth and of the States and Territories; or

the compliance by that agency with directions or guidelines given to that agency by the responsible Minister; or

iii

the propriety of particular activities of that agency; or

(iv) an act or practice of that agency that is or may be inconsistent with or contrary to any human right, that constitutes or may constitute discrimination, or that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and

at the request of the Attorney-General or the responsible Minister or of the Inspector-General’s own motion, to inquire into the procedures of that agency relating to redress of grievances of employees of that agency; and

at the request of the Attorney-General or the responsible Minister or of the Inspector-General’s own motion, to inquire into the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency; and

at the request of the Attorney-General or the responsible Minister or of the Inspector-General’s own motion, to inquire into any matter that may relate to compliance by ASIS, AGO or ASD with the positive duty in relation to sex discrimination.

Intelligence agency inquiry functions in relation to DIO or ONI

Subject to this section, the functions of the Inspector-General in relation to DIO or ONI are:

at the request of the Attorney-General or the responsible Minister, of the Inspector-General’s own motion, or in response to a complaint made to the Inspector-General by a person who is an Australian citizen or a permanent resident, to inquire into any matter that relates to:

the compliance by that agency with the laws of the Commonwealth and of the States and Territories; or

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

at the request of the Attorney-General or the responsible Minister, or of the Inspector-General’s own motion, to inquire into any matter that relates to the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency; and

that is or may be inconsistent with or contrary to any human right; or

that constitutes or may constitute discrimination; or

iii

(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

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

at the request of the Attorney-General or the responsible Minister or of the Inspector-General’s own motion, to inquire into any matter in relation to the statutory independence of ONI; and

at the request of the Attorney-General or the responsible Minister or of the Inspector-General’s own motion, to inquire into any matter that may relate to compliance by DIO or ONI with the positive duty in relation to sex discrimination.

(3AA) In subsection (3), permanent resident has the same meaning as in:

(a) if the agency is DIO—the Intelligence Services Act 2001; and

(b) if the agency is ONI—the Office of National Intelligence Act 2018.

Intelligence agency inquiry functions in relation to AFP, AUSTRAC or the Department of Home Affairs

Subject to this section, the functions of the Inspector-General in relation to AFP, AUSTRAC or the Department of Home Affairs are:

at the request of the Attorney-General or the responsible Minister; or

of the Inspector-General’s own motion; or

in response to a complaint made to the Inspector-General;

to inquire into any of the following matters, to the extent that the matter relates to an intelligence function of that agency:

the compliance by that agency with the laws of the Commonwealth and of the States and Territories;

the compliance by that agency with directions or guidelines given to that agency by the responsible Minister;

the propriety of particular activities of that agency;

the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency;

any matter that relates to an act or practice of that agency:

that is or may be inconsistent with or contrary to any human right; or

that constitutes or may constitute discrimination; or

iii

(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.

Intelligence agency inquiry functions in relation to ACIC

Subject to this section, the functions of the Inspector-General in relation to ACIC are:

the compliance by that agency with the laws of the Commonwealth and of the States and Territories; or

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

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

that is or may be inconsistent with or contrary to any human right; or

that constitutes or may constitute discrimination; or

iii

(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

directions or guidelines given to that agency; or

policies or other decisions made;

by the Board of ACIC or the Inter-Governmental Committee established under the Australian Crime Commission Act 2002; and

at the request of the Attorney-General or the responsible Minister, or of the Inspector-General’s own motion, to inquire into any matter that may relate to compliance by that agency with the positive duty in relation to sex discrimination.

Intelligence agency inquiry functions in relation to complaints about employment, contracts and related matters

The functions of the Inspector-General under subsections (1), (2), (3), (3A) and (4) do not include inquiring into a matter to which a complaint to the Inspector-General made by an employee of AGO, DIO, ACIC, AFP, AUSTRAC, the Department of Home Affairs or by a Public Service Act ONI employee relates to the extent that the matter is directly related to:

the promotion, termination of appointment, discipline or remuneration of the employee by the agency; or

another matter relating to the agency’s employment of the employee.

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:

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

the matter is directly related to:

the contract, agreement or other arrangement; or

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.

The functions of the Inspector-General include inquiring into a matter to which a complaint to the Inspector-General made by an ASIO employee, an ASIS employee, an ONI Act employee or an ASD employee relates to the extent that the matter is directly related to:

the promotion, termination of appointment, discipline or remuneration of the employee by ASIO, ASIS, ONI or ASD; or

another matter relating to the employment of the employee by ASIO, ASIS, ONI or ASD.

However, the Inspector-General must not inquire into a matter referred to in subsection (6) to the extent that the employee can have the matter reviewed by a body constituted by, or including, persons other than:

for an ASIO employee—the Director-General of Security or ASIO employees; and

for an ASIS employee—the Director-General of ASIS or ASIS employees; and

for an ONI Act employee:

the Director-General of National Intelligence; or

ONI Act employees; or

iii

Public Service Act ONI employees; and

for an ASD employee—the Director-General of ASD or ASD employees.

Note: See also subsection 11(5) for when the Inspector-General may decide not to inquire into a matter referred to in subsection (6) of this section.

The functions of the Inspector-General include inquiring into a matter to which a complaint to the Inspector-General made by an ASIO affiliate relates to the extent that the matter is related to:

the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for ASIO; or

the performance of functions or services by the ASIO affiliate under the contract, agreement or other arrangement.

However, the Inspector-General may decide not to inquire into a matter referred to in subsection (8) if the Inspector-General is satisfied that the ASIO affiliate can have the matter reviewed by a body constituted by, or including, persons other than the Director-General of Security or ASIO employees.

Note: See also subsection 11(6) for when the Inspector-General may decide not to inquire into a matter referred to in subsection (8) of this section.

Functions conferred by other Acts

The Inspector-General may perform functions conferred on the Inspector-General by another Act.

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).

8A Public interest disclosure functions of Inspector-General 1

If:

(a) a disclosure of information has been, or is required to be, allocated under Public Interest Disclosure Act 2013; andsection 43 of the

some or all of the disclosable conduct with which the information is concerned relates (within the meaning of that Act) to an intelligence agency (within the meaning of this Act); and

if the intelligence agency is AFP, AUSTRAC or the Department of Home Affairs—the conduct relates to that agency’s intelligence functions;

to the extent that the conduct so relates as described in paragraph (b), it is taken, for the purposes of this Act, to be action that relates to the propriety of particular activities of the intelligence agency.

Note: The Inspector-General’s functions under section 8 include inquiring into the propriety of particular activities of intelligence agencies.

For the purposes of the application of this Act to the action:

the conduct is to be treated as if it were action taken by the intelligence agency; and

(b) a public official who belongs (within the meaning of the Public Interest Disclosure Act 2013) to the intelligence agency is taken to be a member of the intelligence agency; and

the person who disclosed the information is taken, if the disclosure is allocated to the Inspector-General, to have made a complaint to the Inspector-General in respect of the action.

However, paragraph (3)(c) does not apply if:

the intelligence agency is ASIS, ASD, AGO, DIO or ONI; and

the person is not an Australian citizen, or a permanent resident within the meaning of:

(i) for ASIS, ASD, AGO or DIO—paragraph (a) of the definition of permanent resident in subsection 3(1) of the Intelligence Services Act 2001; or

(ii) for ONI—paragraph (a) of the definition of permanent resident in subsection 4(1) of the Office of National Intelligence Act 2018.

It is immaterial whether the disclosable conduct occurred before or after the commencement of this section.

9 Additional inquiry functions of Inspector-General

Intelligence agencies

The Prime Minister may request the Inspector-General to inquire into a matter relating to an intelligence agency.

The Inspector-General must comply with a request under subsection (1) if inquiring into the matter is within the functions of the Inspector-General referred to in section 8 (whether those functions may be performed following a request by a Minister or otherwise).

Commonwealth agencies

The Prime Minister may request the Inspector-General to inquire into an intelligence or security matter relating to a Commonwealth agency.

The Inspector-General must comply with a request under subsection (3).

9AA Limits on the Inspector-General’s functions

The Inspector-General must not, in the performance of his or her functions under section 8 or 9:

inquire into action taken by a Minister except to the extent necessary to perform the functions of the Inspector-General referred to in subparagraphs 8(1)(a)(ii), (2)(a)(ii), (3)(a)(ii) and (4)(a)(ii) and paragraphs 8(1)(d) and 8(3A)(e); or

(ba) inquire into action taken by the Board of ACIC or the Inter-Governmental Committee established under the Australian Crime Commission Act 2002 except to the extent necessary to perform the functions of the Inspector-General referred to in paragraph 8(4)(e); or

(c) inquire into a matter, other than a matter that is referred to the Inspector-General under subsection 65(1A) of the Australian Security Intelligence Organisation Act 1979, that is, or could be, the subject of a review by the Intelligence and Security jurisdictional area of the Administrative Review Tribunal.

9A Inspection functions of Inspector-General 1

The functions of the Inspector-General in relation to an intelligence agency include conducting, at such times as the Inspector-General determines in consultation with the head of the agency, such other inspections of the agency as the Inspector-General considers appropriate for the purpose of giving effect to the objects of this Act.

For the purposes of conducting an inspection of an intelligence agency under subsection (1), the Inspector-General or a member of staff assisting the Inspector-General referred to in paragraph 32(1)(a):

may, at all reasonable times, enter and remain on any premises (including any land or place) (except premises occupied in another country by ASIS); and

may, at all reasonable times, enter and remain on any premises (including any land or place) occupied in another country by ASIS if the Director-General of ASIS and the Inspector-General have made arrangements relating to entry under this section; and

is entitled to all reasonable facilities and assistance that the head of the agency is capable of providing; and

is entitled to full and free access at all reasonable times to any information, documents or other property of the agency; and

may examine, make copies of or take extracts from any information or documents.

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 Australian Security Intelligence Organisation Act 1979; orDivision 3 of Part III of the

(b) detained under Australian Crime Commission Act 2002.section 31 or 34D of the

However, before entering the place, the Inspector-General must notify the following person (as the case requires):

the Director-General of Security;

the CEO of ACIC.

2 Complaints

10 Form of complaints 1

Subject to subsection (2), a complaint may be made to the Inspector-General orally or in writing.

Note 1: A complaint is taken to have been made under this Act if all or part of the complaint is transferred to the Inspector-General by an integrity body (see section 32AH of this Act).

Note 2: See also Part IIIA which deals with relationships with other agencies and information sharing.

If a complaint is made orally to the Inspector-General, the Inspector-General must:

put the complaint in writing; or

require the complainant to put the complaint in writing and, if such a requirement is made and the complainant does not put the complaint in writing, the Inspector-General may refuse to inquire into the complaint, or to inquire into the complaint further, until the complainant puts the complaint in writing.

11 Inquiry into complaint

Requirement to inquire into certain complaints

If:

a complaint is made to the Inspector-General in respect of action taken by an intelligence agency; and

inquiring into the action in response to a complaint is within the functions of the Inspector-General referred to in section 8;

the Inspector-General must, subject to this section, inquire into the action.

When inquiry or further inquiry into complaints is not required

If a complaint is made to the Inspector-General in respect of action taken by an intelligence agency, the Inspector-General may decide not to inquire into the action or, if the Inspector-General has commenced to inquire into the action, decide not to inquire into the action further if the Inspector-General is satisfied that:

the complainant became aware of the action more than 12 months before the complaint was made; or

the complaint is frivolous or vexatious or was not made in good faith; or

having regard to all the circumstances of the case, an inquiry, or further inquiry, into the action is not warranted.

If a complainant has exercised or exercises a right to cause the action to which a complaint relates to be reviewed by a court or a tribunal, the Inspector-General must not inquire into, or continue to inquire into, the action unless the Inspector-General is of the opinion that there are special reasons for doing so.

If the Inspector-General is of the opinion that a complainant has or had a right to cause action to which a complaint relates to be reviewed by a court or a tribunal but has not exercised that right, the Inspector-General may decide not to inquire into the action or not to inquire into the action further if, in the opinion of the Inspector-General, it would be reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right.

Without limiting paragraph (2)(c), the Inspector-General may decide not to inquire into, or not to inquire further into, a complaint or part of a complaint in relation to action taken by an intelligence agency if:

(a) a complaint in respect of the action has been, or could have been, made by the complainant to any of the following persons or bodies (the integrity body for the complaint):

the Ombudsman;

(ii) the Australian Human Rights Commission, under Australian Human Rights Commission Act 1986;Division 3 of Part II (human rights complaints) or Part IIB (unlawful discrimination complaints) of the

iii

(iii) the Information Commissioner under Part V of the Privacy Act 1988;

the National Anti-Corruption Commissioner;

iva

the Inspector of the National Anti-Corruption Commission;

the Inspector-General ADF; and

the Inspector-General is satisfied that the subject matter of the complaint or the part of the complaint could be more effectively or conveniently dealt with by the integrity body for the complaint.

Note: The complaint or part of the complaint may be transferred to the integrity body for the complaint under section 32AG.

Inquiries into complaints about employment, contracts and related matters

The Inspector-General must not inquire into the matters to which a complaint of the kind referred to in subsection 8(6) relates in respect of action taken by an intelligence agency if the Inspector-General is satisfied that:

the procedures of that agency relating to redress of grievances of ASIO employees, ASIS employees, ONI Act employees or ASD employees (as the case may be) are adequate and effective; or

the complainant has not pursued those procedures as far as practicable; or

the matters to which the complaint relates are not of sufficient seriousness or sensitivity to justify an inquiry into those matters.

The Inspector-General may decide not to inquire into the matters to which a complaint of the kind referred to in subsection 8(8) relates in respect of action taken by ASIO if the Inspector-General is satisfied that:

the procedures of ASIO relating to redress of grievances of ASIO affiliates are adequate and effective; or

the complainant has not pursued those procedures as far as practicable; or

the matters to which the complaint relates are not of sufficient seriousness or sensitivity to justify an inquiry into those matters.

12 Procedure if complaint not pursued

If a person makes a complaint in relation to action taken by an intelligence agency that the Inspector-General decides not to inquire into, or not to inquire further into, the Inspector-General must:

take reasonable steps to notify the person in writing of the decision; and

notify the responsible Minister and the head of the agency in writing of the decision.

13 Special arrangements for persons in custody 1

A person who is detained in custody is entitled:

upon making a request to the person in whose custody he or she is detained or to any other person performing duties in connection with that detention:

to be provided with facilities for preparing a complaint in writing to the Inspector-General under this Act, for furnishing in writing to the Inspector-General after the complaint has been made any other relevant information and for enclosing the complaint or other information (if any) in a sealed envelope; and

to have sent to the Inspector-General, without undue delay, a sealed envelope addressed to the Inspector-General; and

to have delivered to him or her, without undue delay, any sealed envelope addressed to him or her and sent by the Inspector-General that comes into the possession or under the control of the person in whose custody he or she is detained or of any other person performing duties in connection with that detention.

A sealed envelope referred to in subsection (1) must not be opened by a person other than the addressee or a person acting on behalf of the addressee.

For the purposes of subsections (1) and (2), the Inspector-General may make arrangements with the appropriate authority of a State or Territory for the identification and delivery of sealed envelopes sent by the Inspector-General to persons detained in custody in that State or Territory.

2A Preliminary inquiries

14 Preliminary inquiries

Making preliminary inquiries into a complaint

If a complaint is made to the Inspector-General in respect of action taken by an intelligence agency, the Inspector-General may, for the purpose of:

determining whether the Inspector-General is authorised to inquire into the action; or

if the Inspector-General is authorised to inquire into the action: determining whether the Inspector-General should inquire into the action;

make preliminary inquiries of the head of the agency in relation to the action.

Making own motion preliminary inquiries

Note: After making preliminary inquiries in relation to a complaint, see subsections 11(2) to (6) for determining whether to pursue further inquiry.

Of his or her own motion, the Inspector-General may make preliminary inquiries of the head of an intelligence agency:

to determine whether the Inspector-General is authorised to inquire into an action of the agency; or

to determine whether the Inspector-General should inquire into the action if the Inspector-General is authorised to inquire into it.

Determining that further inquiry is not warranted in relation to own motion preliminary inquiries

After making preliminary inquiries of the head of the intelligence agency under subsection (2), the Inspector-General may determine that, having regard to all the circumstances of the case, an inquiry, or further inquiry, into the action is not warranted.

Note: For reports relating to preliminary inquiries, see section 25B.

Inspector-General entitled to all reasonable facilities and assistance

In making preliminary inquiries of the head of an intelligence agency under this section, the Inspector-General is entitled to all reasonable facilities and assistance that the head of the agency is capable of providing.

3 Inquiries

Subdivision A—Obligations before commencing an inquiry

15 Inspector-General to inform certain persons before commencing an inquiry 1

The Inspector-General must, before commencing an inquiry into a matter relating to a Commonwealth agency, inform the responsible Minister and, subject to subsections (2) and (3), the head of the agency that the Inspector-General proposes to conduct the inquiry.

The Inspector-General is not required by subsection (1) to advise the head of a Commonwealth agency that the Inspector-General proposes to conduct an inquiry into a matter that relates directly to the head of the agency.

However, if the Inspector-General does not advise the head of a Commonwealth agency that the Inspector-General proposes to conduct an inquiry into a matter that relates directly to the head of the agency, the Inspector-General must instead advise:

if the matter relates to the head of ASIO, ASIS, ASD, ACIC, AFP, AUSTRAC, the Department of Home Affairs or ONI—the responsible Minister in relation to ASIO, ASIS, ASD, ACIC, AFP, AUSTRAC, the Department of Home Affairs or ONI, as the case requires; or

if the matter relates to the head of AGO or DIO—the Secretary of the Defence Department; or

otherwise—the responsible Minister for the agency.

To avoid doubt, this section is subject to section 17.

Subdivision B—Conduct of inquiries

17 Conduct of inquiries

Conduct of inquiries

An inquiry by the Inspector-General must be conducted in private and, subject to this Division, in such manner as the Inspector-General thinks fit.

The Inspector-General may, for the purposes of this Act, obtain information from such persons, and make such inquiries, as the Inspector-General thinks fit.

Subject to subsections (4) and (5), it is not necessary for a complainant or any other person to be afforded an opportunity to appear before the Inspector-General or before any other person in connection with an inquiry by the Inspector-General under this Act.

The Inspector-General must not make a report in relation to an inquiry conducted under this Act in which the Inspector-General sets out opinions that are, either expressly or impliedly, critical of a Commonwealth agency unless the Inspector-General has given the head of the agency a reasonable opportunity to appear before the Inspector-General and to make, either orally or in writing, submissions in relation to the matters that are the subject of the inquiry.

If the Inspector-General proposes to set out in a report in relation to an inquiry conducted under this Act opinions that are, either expressly or impliedly, critical of a person, the Inspector-General must, unless doing so would, in the opinion of the Inspector-General, prejudice security, the defence of Australia or Australia’s relations with other countries, give the person a reasonable opportunity to appear before the Inspector-General and to make, either orally or in writing, submissions in relation to the matters that are the subject of the inquiry.

If the Inspector-General gives, under subsection (4) or (5), the head of a Commonwealth agency or another person an opportunity to appear before the Inspector-General, the person may, with the approval of the Inspector-General, be represented by another person.

Discussions and consultation with Ministers or Prime Minister

The Inspector-General may, at any time while conducting an inquiry under this Act into a matter relating to a Commonwealth agency, discuss any matter that is relevant to the inquiry with the responsible Minister.

The Inspector-General may, at any time while conducting an inquiry under this Act into a matter relating to a Commonwealth agency, if it is appropriate to do so, consult with the Prime Minister or the Attorney-General (or both) on any matter that is relevant to the inquiry.

The Inspector-General must not make a report in relation to an inquiry conducted under this Act in which the Inspector-General sets out opinions that are, either expressly or impliedly, critical of a Commonwealth agency unless the Inspector-General has given the responsible Minister a reasonable opportunity to discuss the proposed report with the Inspector-General.

17A Obligation when evidence of breach of duty or misconduct 1

This section applies if, at any time before, during or after conducting:

an inspection under section 9A; or

a preliminary inquiry under section 14, or any other action taken by the Inspector-General for the purpose of deciding whether to inquire into a matter; or

an inquiry under this Act;

the Inspector-General is satisfied on reasonable grounds that there is evidence that a person who is a member of a Commonwealth agency has been guilty of a breach of duty or of misconduct.

Notifying responsible Minister, agency head and Public Service Commissioner

If the Inspector-General is satisfied on reasonable grounds that the evidence is of sufficient weight to justify the Inspector-General doing so, the Inspector-General must bring the evidence to the notice of:

either:

if the person is the head of that agency—the responsible Minister; or

in any other case—the head of that agency; and

without limiting paragraph (a), if:

(i) the Commonwealth agency is an Agency within the meaning of the Public Service Act 1999; and

the person is the Agency Head (within the meaning of that Act) of the agency; and

iii

the breach of duty or misconduct could constitute a contravention of the APS Code of Conduct;

the Australian Public Service Commissioner appointed under that Act.

Subdivision C—General powers in relation to inquiries

18 Power to obtain information and documents

Requiring information or documents

If the Inspector-General has reason to believe that a person is capable of giving information or producing documents relevant to a matter that is being inquired into by the Inspector-General under this Act, the Inspector-General may, by notice in writing given to the person, require the person, at such reasonable place and within such reasonable period as are specified in the notice:

to give to the Inspector-General, by writing signed by that person or, in the case of a body corporate, on behalf of the body corporate, any such information; or

to produce to the Inspector-General any such documents.

Note: Failure to comply with a notice is an offence: see subsection (7).

If documents are produced to the Inspector-General in accordance with a requirement under subsection (1), the Inspector-General:

may take possession of, and may make copies of or take extracts from, the documents;

may retain possession of the documents for such period as is necessary for the purposes of the inquiry to which the documents relate; and

during that period must permit a person who would be entitled to inspect any one or more of the documents if they were not in the possession of the Inspector-General to inspect at all reasonable times such of the documents as the person would be so entitled to inspect.

Requiring attendance

If the Inspector-General has reason to believe that a person is able to give information relevant to a matter that is being inquired into by the Inspector-General under this Act, the Inspector-General may, by notice in writing given to the person, require the person to attend before the Inspector-General, at such reasonable time and place as are specified in the notice, to answer questions relevant to the matter under inquiry.

Note: Failure to comply with a notice is an offence: see subsection (7).

The Inspector-General may administer an oath or affirmation to a person required to attend before the Inspector-General under subsection (3) and may examine the person on oath or affirmation.

Note 1: Failure to take an oath or make an affirmation is an offence: see subsection (7).

Note 2: This means that a hearing is a judicial proceeding for the purposes of Crimes Act 1914, which creates various offences in relation to judicial proceedings.Part III of the

The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence the person will give will be true.

Self-incrimination and legal professional privilege

A person is not excused from giving any information, producing a document or answering a question when required to do so under this section on the ground that the giving of the information, the production of the document or the answer to the question:

would contravene the provisions of any other Act, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty; or

would disclose legal advice given to a Minister or a Commonwealth agency, or would disclose any other information that is, or may be, the subject of a claim of legal professional privilege by the Commonwealth or a Commonwealth agency;

but the information, the production of the document or the answer to the question is not admissible in evidence against the person in any court or in any proceedings before a person authorised to hear evidence except in a prosecution for:

an offence against this section; or

(ca) an offence against Criminal Code that relates to this section; orsection 137.1, 137.2 (false or misleading information and documents), 145.1 (using forged document) or 149.1 (obstruction of Commonwealth public officials) of the

(cb) an offence against Crimes Act 1914 (offences relating to evidence and witnesses) that relates to this section; orDivision 3 of Part III of the

an offence against:

(i) Crimes Act 1914; orsection 6 of the

(ii) Criminal Code;section 11.1, 11.4 or 11.5 of the

being an offence that relates to an offence against this section.

The fact that a person is not excused under subsection (6) from giving information, producing a document or answering a question does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, document or answer.

Note: Legal professional privilege is also not waived in relation to information or documents provided voluntarily (see section 32AC).

Offence for failing to comply

A person who:

fails to be sworn or to make an affirmation or to give information or produce a document when required to do so under this section; or

after being given a notice under subsection (3), fails to comply with the notice or to answer a question that the Inspector-General requires the person to answer;

commits an offence punishable on conviction:

in the case of an individual—by imprisonment for a period not exceeding 6 months or a fine not exceeding 10 penalty units, or both; or

in the case of a body corporate—by a fine not exceeding 50 penalty units.

Subsection (7) is an offence of strict liability.

Note: For strict liability, see Criminal Code.section 6.1 of the

Subsection (7) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (7B) (see subsection 13.3(3) of the Criminal Code).

Immunity from other penalties

A person is not liable to any penalty under the provisions of any law of the Commonwealth or of a Territory by reason only of the person having given information, produced a document or answered a question when required to do so under this section.

19 Entry to premises occupied by a Commonwealth agency 1

The Inspector-General may (subject to subsection (2)), after notifying the head of a Commonwealth agency, at any reasonable time, enter any place occupied by the agency for the purposes of an inquiry under this Act.

The Inspector-General may enter a place occupied in another country by ASIS only if the Director-General of ASIS and the Inspector-General have made arrangements relating to entry under this section.

19A Power to enter places relating to 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 Australian Security Intelligence Organisation Act 1979; orDivision 3 of Part III of the

(b) detained under Australian Crime Commission Act 2002.section 31 or 34D of the

However, before entering the place, the Inspector-General must notify the following person (as the case requires):

the Director-General of Security;

the CEO of ACIC.

4 Reports

20A Reports under this Act and other Acts

In addition to any reports that the Inspector-General is required or authorised to prepare under any other Act, the Inspector-General must prepare reports under this Act in accordance with this Division.

Note: The Inspector-General prepares reports under subsections 9B(8A) and 9C(6) (oversight of authorisations in emergencies) of the Intelligence Services Act 2001.

21 Draft reports relating to inquiries

Draft reports to be prepared and generally given to agency head

If the Inspector-General completes an inquiry under this Act into a matter relating to a Commonwealth agency (other than a preliminary inquiry under section 14), the Inspector-General must:

prepare a draft report setting out the Inspector-General’s conclusions and recommendations as a result of the inquiry; and

(b) subject to subsections (1A) and (1B), give a copy (the draft agency copy) of the draft report to the head of the agency.

Note: To avoid doubt, the Inspector-General may satisfy requirements under this subsection before completing the inquiry.

(1AA) The Inspector-General may remove from a draft agency copy any matters that do not relate to the Commonwealth agency concerned.

Draft reports on matters directly relating to agency head

The Inspector-General is not required by subsection (1) to give to the head of a Commonwealth agency a draft agency copy setting out conclusions and recommendations in respect of a matter that relates directly to the head of the agency.

However, if the Inspector-General does not give to the head of a Commonwealth agency a draft agency copy setting out conclusions and recommendations in respect of a matter that relates directly to the head of the agency, the Inspector-General must give the draft agency copy to:

if the matter relates to the head of AGO or DIO—the Secretary of the Defence Department; or

otherwise—the responsible Minister for the agency.

Relationship with section 17 (conduct of inquiries)

To avoid doubt, subsections (1), (1A) and (1B) are subject to section 17 (conduct of inquiries).

Including relevant comments in final report

If:

the Inspector-General gives a draft agency copy to the head of a Commonwealth agency, a responsible Minister or the Secretary of the Defence Department; and

the head of the agency, the responsible Minister or the Secretary makes comments on the draft report within a reasonable time after being given the draft agency copy;

the Inspector-General must include in his or her final report in relation to the inquiry such of those comments as are relevant to the final report.

22 Reports relating to inquiries given to Commonwealth agency head etc.

Reports to be prepared and given to agency head or other responsible person

If the Inspector-General completes an inquiry under this Act into a matter relating to a Commonwealth agency (other than a preliminary inquiry under section 14), the Inspector-General must:

prepare a report setting out the Inspector-General’s conclusions and recommendations as a result of the inquiry; and

(b) give a copy (the final agency copy) of the report:

if a draft agency copy was given to the head of the Commonwealth agency under subsection 21(1)—to the head of the Commonwealth agency; or

otherwise—to the person to whom a draft agency copy was given under subsection 21(1B).

Note 1: To avoid doubt, the Inspector-General may satisfy requirements under this subsection before completing the inquiry.

Note 2: A copy of the report may be given to the Parliamentary Joint Committee on Intelligence and Security under subsection 185D(3) or 185E(1) of the Telecommunications (Interception and Access) Act 1979 if the report relates to an authorisation intended to identify a media source or to retained data.

The Inspector-General may remove from a final agency copy any matters that do not relate to the Commonwealth agency concerned.

Report to include reasons and compensation recommendation

The Inspector-General must include in such a report:

the Inspector-General’s reasons for the conclusions and recommendations set out in the report; and

if the Inspector-General considers that a person has been adversely affected by action taken by a Commonwealth agency and that the person should receive compensation for that action—a recommendation that the person receive compensation.

Tax information not to be disclosed

(3) If the report, or a final agency copy of the report, includes information that was acquired by the Commissioner of Taxation under the provisions of a taxation law (within the meaning of the Income Tax Assessment Act 1997), the Inspector-General must prepare another version of the report, or the final agency copy, that does not disclose the tax information.

Note: Section 355-185 in Schedule 1 to the Taxation Administration Act 1953 permits the Inspector-General to disclose the information to the Director-General of Security in the report under subsection (1).

Copies for Ministers

The Inspector-General must give the responsible Minister and the Attorney-General a copy of:

the final agency copy; or

if subsection (3) applies—the version of the final agency copy mentioned in that subsection.

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:

the inquiry was conducted as a result of a request under section 9; or

the Prime Minister requests a copy; or

the Inspector-General considers it appropriate to do so.

22A Response to the Parliamentary Joint Committee on Intelligence and Security 1

(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.

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

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:

security, the defence of Australia or Australia’s relations with other countries; or

law enforcement operations, including methodologies and investigative techniques; or

confidential commercial information held by AUSTRAC; or

(d) operationally sensitive information (within the meaning of Schedule 1 to the Intelligence Services Act 2001).

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:

the privacy of one or more individuals;

the fair trial of a person or the impartial adjudication of a matter.

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

The Inspector-General must give a copy of the response to the responsible Minister.

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

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.

23 Response to complainant 1

After conducting an inquiry under this Act into a complaint in respect of action taken by an intelligence agency (other than a preliminary inquiry under section 14), the Inspector-General must (subject to subsection (2)) take reasonable steps to give a written response relating to the inquiry to the complainant, unless the Inspector-General is satisfied on reasonable grounds that doing so will prejudice security, the defence of Australia or Australia’s relations with other countries.

The Inspector-General must not give the response until the head of the relevant agency and the Inspector-General have agreed that the terms of the proposed response will not prejudice:

security, the defence of Australia or Australia’s relations with other countries; or

law enforcement operations, including methodologies and investigative techniques; or

the privacy of individuals; or

confidential commercial information; or

the fair trial of a person or the impartial adjudication of a matter.

The Inspector-General must give a copy of the response to the responsible Minister.

24 Action as a result of reports—general 1

If the Inspector-General has conducted an inquiry under this Act into a matter relating to a Commonwealth agency and has, under section 22, given a final agency copy of the report in relation to the inquiry to the head of the agency, the head of the agency must, if he or she takes or proposes to take any action as a result of the conclusions and recommendations set out in the report, give to the Inspector-General details of the action taken or proposed to be taken.

If, in the opinion of the Inspector-General, the head of a Commonwealth agency does not, as a result of the conclusions and recommendations set out in a report, take, within a reasonable period, action that is adequate and appropriate in the circumstances:

the Inspector-General may discuss the matter with the responsible Minister and prepare a report relating to that matter; and

if the Inspector-General prepares such a report, he or she must give a copy of the report to:

if the inquiry was conducted as a result of a request made by the Prime Minister under section 9—the Prime Minister; and

in any case—the Attorney-General.

In addition, the Inspector-General may give a copy of a report prepared under paragraph (2)(a) to the Prime Minister if the Inspector-General considers it appropriate to do so.

24A Action as a result of certain reports relating to heads of Commonwealth agencies 1

This section applies if the Inspector-General:

has conducted an inquiry under this Act into a matter relating to a Commonwealth agency; and

has given a final agency copy in relation to the inquiry to the responsible Minister in relation to the agency, or to the Secretary of the Defence Department, under subparagraph 22(1)(b)(ii).

If the responsible Minister or the Secretary takes or proposes to take any action as a result of the conclusions and recommendations set out in the report, he or she must give to the Inspector-General details of the action taken or proposed to be taken.

If, in the opinion of the Inspector-General, the responsible Minister or the Secretary does not take, within a reasonable period, action that is adequate and appropriate in the circumstances:

the Inspector-General may prepare a report relating to that matter; and

if the Inspector-General prepares such a report, he or she must give a copy of the report to:

if the inquiry was conducted as a result of a request made by the Prime Minister under section 9—the Prime Minister; and

in any case—the Attorney-General.

In addition, the Inspector-General may give a copy of a report prepared under paragraph (3)(a) to the Prime Minister if the Inspector-General considers it appropriate to do so.

25 Reports concerning collection or communication of intelligence 1

If:

the Inspector-General has, in accordance with paragraph 8(1)(d), inquired into a question to which a direction given to ASIO by the responsible Minister relates; and

the Inspector-General concludes that the direction given by the Minister to ASIO was not justified;

the Inspector-General must, in addition to giving a copy of the report in relation to the inquiry to the responsible Minister, give a copy of the report to the Attorney-General.

In addition, the Inspector-General may give a copy of the report to the Prime Minister if the Inspector-General considers it appropriate to do so.

25A Reports relating to other inspections

If the Inspector-General completes an inspection of an intelligence agency under section 9A, the Inspector-General may prepare a report on the inspection (which may include the Inspector-General’s conclusions and recommendations) for the responsible Minister or the head of the relevant agency.

Note: The Inspector-General may only disclose tax information, financial transaction reports information or AUSTRAC information as permitted under Subdivision 355-C in Schedule 1 to the Taxation Administration Act 1953 or Part 11 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

25B Reports relating to preliminary inquiries

If the Inspector-General makes inquiries of the head of an intelligence agency under section 14 (preliminary inquiries), the Inspector-General may prepare a report on the inquiry (which may include the Inspector-General’s conclusions and recommendations) for the responsible Minister or the head of the relevant agency.

III Administrative Provisions

26 Terms and conditions of appointment 1

The Inspector-General holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment but, subject to subsection (2), is eligible for re-appointment.

A person is not eligible to be appointed to the office of Inspector-General more than twice.

A person holding office as Inspector-General, other than a person who is a Judge, holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.

The Inspector-General may be appointed on a full-time or part-time basis.

27 Remuneration and allowances 1

Subject to this section, the Inspector-General is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration is in operation, the Inspector-General is to be paid such remuneration as is prescribed.

The Inspector-General is to be paid such allowances as are prescribed.

(3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

If a person who is a Judge is appointed as Inspector-General, the person is not, while receiving salary or annual allowance as a Judge, entitled to remuneration under this Act.

28 Leave of absence 1

A person appointed as Inspector-General has such recreation leave entitlements as are determined by the Remuneration Tribunal.

The Attorney-General may grant to a person appointed as Inspector-General leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Attorney-General determines.

29 Resignation

A person appointed as Inspector-General may resign that office by writing signed by the Inspector-General and delivered to the Governor-General.

30 Termination of appointment 1

The Governor-General may terminate the appointment of the Inspector-General:

for misbehaviour; or

if the Inspector-General is unable to perform the duties of the Inspector-General’s office because of physical or mental incapacity.

If the Inspector-General:

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;

(c) fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section;section 29 of the

the Governor-General must terminate the appointment of the Inspector-General.

The Governor-General may terminate the appointment of the Inspector-General if:

the Inspector-General holds office on a full-time basis; and

the Inspector-General:

engages, except with the approval of the Attorney-General, in paid work outside the duties of the Inspector-General’s office; or

is absent from duty, except on leave, for 14 consecutive days or for 28 days in any period of 12 months.

A reference in subsections (1), (2) and (2A) to a person holding office as Inspector-General does not include a reference to a person who is a Judge.

If a person appointed as Inspector-General is a Judge and that person ceases to be a Judge, the Governor-General may terminate the appointment of that person.

32 Staff 1

The staff necessary to assist the Inspector-General are:

(a) persons engaged under the Public Service Act 1999; and

any persons employed under subsection (3); and

a consultant or contractor engaged to assist the Inspector-General under section 32AAA or 32AAB; and

a person who is made available by another body or organisation to assist the Inspector-General under section 32AAD.

(2) For the purposes of the Public Service Act 1999:

the Inspector-General and the APS employees assisting the Inspector-General together constitute a Statutory Agency; and

the Inspector-General is the Head of that Statutory Agency.

The Inspector-General may, by written agreement, employ a person to assist the Inspector-General to perform functions and exercise powers under Division 3 or 4 of Part II for the purposes of a particular inquiry specified in the agreement, as delegated under subsection 32AA(1).

However, the Inspector-General may only employ a person in relation to a particular inquiry if the responsible Minister is satisfied that:

it is necessary to employ a person in relation to the particular inquiry; and

the person has the expertise appropriate to the inquiry.

The Inspector-General must determine in writing the terms and conditions of employment of the persons mentioned in paragraph (1)(b).

Unless the responsible Minister otherwise agrees in relation to a particular inquiry, the person proposed to be employed in relation to the inquiry must be cleared for security purposes to at least the same level, and at the same frequency, as staff members of ASIS.

32AAA Consultants 1

The Inspector-General may, on behalf of the Commonwealth, engage as consultants persons having suitable qualifications and experience to assist in the performance of the Inspector-General’s functions.

The engagement of a consultant must be by written agreement.

The terms and conditions of engagement are those that the Inspector-General determines in writing.

32AAB Contracted service providers 1

The Inspector-General may, on behalf of the Commonwealth, engage a contracted service provider to assist in the performance of the Inspector-General’s functions.

The engagement of a contracted service provider must be by written agreement.

The terms and conditions of engagement are those that the Inspector-General determines in writing.

32AAC Secondment of employees of Inspector-General

Secondment

The Inspector-General may, in writing, arrange for an employee of the Inspector-General to be seconded for a specified period to a body or organisation whether within or outside Australia.

Termination of secondment

The Inspector-General may at any time, by notice given to the body or organisation to which an employee of the Inspector-General is seconded under subsection (1), terminate the secondment.

32AAD Secondment of persons to the Inspector-General 1

The Inspector-General may, by written agreement with a body or organisation (whether within or outside Australia), arrange for a person who is an officer, employee or other member of staff of the body or organisation to be made available to the Inspector-General to perform services in connection with the performance of functions, or the exercise of powers, of the Inspector-General.

The terms and conditions (including remuneration and allowances) applicable to a person performing services under an agreement are those specified in the agreement.

32AA Delegation 1

The Inspector-General may, by writing signed by the Inspector-General, delegate all or any of his or her functions or powers under Division 3 or 4 of Part II to a person referred to in subsection 32(3) for the purposes of the particular inquiry concerned.

Note 1: For further provisions relating to delegations, see sections 34AB and 34A of the Acts Interpretation Act 1901.

Note 2: For variation and revocation of an instrument of delegation, see subsection 33(3) of the Acts Interpretation Act 1901.

(1A) The Inspector-General may, by writing signed by the Inspector-General, delegate all or any of the Inspector-General’s functions or powers under any other provision of this Act (other than subsection 32(3)), or any other Act, to a member of staff assisting the Inspector-General engaged under the Public Service Act 1999 who the Inspector-General believes has appropriate expertise relating to the function or power delegated.

In exercising functions or powers under a delegation under subsection (1) or (1A), the delegate must comply with any written directions of the Inspector-General.

On request by a person affected by a delegate’s performance of a function, or exercise of a power, the delegate must produce the instrument of delegation (or a copy of it) for the person to inspect.

IIIA Relationships with other agencies and information sharing 1 Avoiding duplication of oversight

32AB Avoiding duplication of oversight 1

For the purpose of avoiding duplicating oversight of matters by both:

the Inspector-General; and

an integrity body or the Auditor-General;

the Inspector-General must have regard to the functions of those bodies and the Auditor-General.

The Inspector-General may consult an integrity body, or the Auditor-General, in relation to a particular matter if the Inspector-General considers it appropriate to do so for the purpose of avoiding more than one inquiry being conducted into the matter.

2 Sharing information with the Inspector-General

32AC Protection for persons providing information voluntarily to the Inspector-General 1

This section applies in relation to a person if the person voluntarily provides, or makes available, information or documents to the Inspector-General for any of the following purposes:

the Inspector-General conducting an inspection under section 9A;

making a complaint under Division 2 of Part II;

the Inspector-General conducting a preliminary inquiry under section 14, or any other action taken by the Inspector-General for the purpose of deciding whether to inquire into a matter;

the Inspector-General conducting an inquiry under Division 3 of Part II.

Person not liable to penalties or prosecution under other Commonwealth laws

The person is not (subject to subsections (5) and (6)) liable to a penalty or to be prosecuted for an offence under a provision of any other law of the Commonwealth for providing or making available the information or documents.

Use immunity

The information or documents, and the providing or making available of the information or documents, are not (subject to subsection (5)) admissible in evidence against the person in any court or in any proceedings before a person authorised to hear evidence.

Legal professional privilege

The providing or making available of the information or documents does not affect any legal professional privilege that is, or may be, claimed by any person in relation to the information or documents.

Exceptions

Subsections (2) and (3) do not apply in relation to proceedings for an offence against:

(a) Criminal Code, to the extent that that offence relates to this Act; orsection 137.1 or 137.2 (false or misleading information and documents), 145.1 (using forged document) or 149.1 (obstructing Commonwealth officials) of the

(b) Crimes Act 1914 (offences relating to evidence and witnesses), to the extent that that offence relates to this Act; orDivision 3 of Part III of the

(c) Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to an offence referred to in paragraph (a) or (b) of this subsection.section 6 of the

Subsection (2) does not apply if the provision referred to in that subsection:

is enacted after the commencement of this section; and

is expressed to have effect despite this section.

Note: This section applies subject to sections 100 to 102 of the National Anti-Corruption Commission Act 2022, including those sections as modified by section 214 of that Act.

32AD Security of Commonwealth agency information and documents 1

This section applies if:

the Inspector-General requires access to information or documents in the possession of a Commonwealth agency for the purposes of conducting:

an inspection under section 9A; or

a preliminary inquiry under section 14, or any other action taken by the Inspector-General for the purpose of deciding whether to inquire into a matter; or

iii

an inquiry under Division 3 of Part II; and

the information or documents have a national security or other protective security classification; and

the Inspector-General intends to do any of the following for the purposes of exercising powers or performing functions or duties as the Inspector-General:

remove the documents from the possession of the agency;

make copies or take extracts from the information or documents;

iii

examine or otherwise make use of the information or documents.

The Inspector-General must make arrangements to protect from unauthorised disclosure:

the information, documents, copies or extracts; and

any other information obtained from the documents, copies or extracts;

taking into account any advice provided by the head of the relevant agency.

32AE Authorisation for the purposes of the Privacy Act 1988 1

(1) This section applies for the purposes of the Privacy Act 1988, including as it applies in relation to a service provider under section 187LA of the Telecommunications (Interception and Access) Act 1979.

(2) A person is authorised to give or make available personal information (within the meaning of the Privacy Act 1988) to an IGIS official for the purpose of the IGIS official performing a function or duty or exercising a power as an IGIS official.

3 Information sharing by the Inspector-General

32AEA Information sharing with Ministers 1

(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:

the Attorney-General; and

a responsible Minister for a Commonwealth agency, if the information or documents relate to the Commonwealth agency.

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.

32AF Information sharing with integrity bodies 1

(1) The Inspector-General may share information or documents with an integrity body (the receiving body) if:

the information or documents are obtained by an IGIS official in the course of exercising powers, or performing functions or duties, as an IGIS official; and

the information or documents are relevant to the receiving body’s functions; and

the Inspector-General is satisfied on reasonable grounds that the receiving body has satisfactory arrangements in place for protecting the information or documents.

To avoid doubt, the Inspector-General may share information or documents with an integrity body whether or not the Inspector-General is transferring a complaint or part of a complaint to the integrity body.

Without limiting paragraph (1)(c) or subsection 32AD(2), the Inspector-General may make arrangements with the head of an intelligence agency in relation to protecting information or documents provided to the Inspector-General by the agency.

32AFA Disclosure of ACIC examination material 1

(1) In this section, the following terms have the same meaning as in the Australian Crime Commission Act 2002:

(a) charged;

(b) disclose;

(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.

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:

might prejudice a person’s safety; or

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

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.

32AG Transferring complaints to other integrity bodies

If the Inspector-General decides under subsection 11(4A) not to inquire into, or not to inquire further into, a complaint or part of a complaint in relation to action taken by an intelligence agency, the Inspector-General may transfer all or part of the complaint to the integrity body for the complaint.

Note: The complaint is taken to have been made under the Act establishing the integrity body (see sections 46PZ of the Australian Human Rights Commission Act 1986, 5B of the Ombudsman Act 1976 and 49B of the Privacy Act 1988).

32AH Complaints transferred by integrity bodies

For the purposes of this Act, a complaint is taken to have been made to the Inspector-General under this Act if all or part of the complaint is transferred (however described) to the Inspector-General by an integrity body.

Note: Complaints may be transferred to the Inspector-General under subsections 11(3) and 20(4C) of the Australian Human Rights Commission Act 1986, 6F(3) of the Ombudsman Act 1976 and 50(2) of the Privacy Act 1988.

IV Miscellaneous

32A Inspector-General may obtain reports 1

This section applies to the following documents:

(a) in the case of ASIO—a report referred to in subsection 94(1) of the Australian Security Intelligence Organisation Act 1979 without deletions;

in the case of ACIC, ASIS and ASD—a report prepared on a periodic basis and given to the responsible Minister;

(c) in the case of ACIC and ONI—a report given to the Minister under Public Governance, Performance and Accountability Act 2013;section 46 of the

in the case of AGO and DIO—a report prepared on a periodic basis and given to the Secretary of the Defence Department;

in the case of AFP, AUSTRAC or the Department of Home Affairs:

(i) a report given to the Minister under Public Governance, Performance and Accountability Act 2013; orsection 46 of the

any other report prepared on a periodic basis, and given to the responsible Minister, that the Inspector-General is satisfied relates to the performance by AFP, AUSTRAC or the Department of Home Affairs of that agency’s intelligence functions;

(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:

by the CEO of ACIC; or

by the Chair of the Board and is in the possession of ACIC.

The Inspector-General may, in writing, request the head of an intelligence agency to give him or her a single copy of a document to which this section applies.

The Inspector-General must sign the request.

As soon as practicable after the head of the agency receives the request, he or she must, subject to subsection (5), give to the Inspector-General a single copy of the document specified in the request.

If:

in the case of ASIO, ASIS, ASD and ONI, the head of the agency has not provided the responsible Minister with a copy of a report; or

in the case of ACIC , the head of the agency has not provided the responsible Minister with a copy of a report mentioned in paragraph (1)(b) or (c); or

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

in the case of AGO and DIO, the head of the agency has not provided the Secretary of the Defence Department with a copy of a report;

the head need not give a copy of the report to the Inspector-General until the head has given the report to the responsible Minister or Secretary, as the case may be.

(6) In the case of ACIC, if the CEO of ACIC or the Chair of the Board (as the case requires) has not given the Board or the Inter-Governmental Committee established under the Australian Crime Commission Act 2002 a copy of a report mentioned in paragraph (1)(f), the CEO or Chair need not give a copy of the report to the Inspector-General until the report has been given to the Board or the Inter-Governmental Committee (as the case requires).

32B Minister to give directions and guidelines to Inspector-General 1

This section applies to any guidelines or directions:

given by the responsible Minister to the head of 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

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.

As soon as practicable after a direction or guideline is given to the head of that agency, the Inspector-General must be given a copy of the direction or guideline by:

the Minister; or

for directions or guidelines referred to in paragraph (1)(b)—the CEO of ACIC.

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.

33 Protection from civil actions 1

Neither the Inspector-General nor a person acting on behalf of the Inspector-General is liable to an action or other proceeding for damages for or in relation to any act done or omitted to be done in good faith in performance or purported performance of any function, or in exercise or purported exercise of any power, conferred on the Inspector-General.

If:

a complaint has been made to the Inspector-General; or

a document has been produced, or information or evidence has been given, to the Inspector-General;

a person is not liable to an action, suit or proceeding in respect of loss, damage or injury of any kind suffered by another person by reason only that the complaint was made, the document was produced or the information or evidence was given.

34 Secrecy

Offence—unauthorised disclosure of information acquired under this Act

(1) Subject to subsection (1A), a person who is an IGIS official, or former IGIS official, must not, either directly or indirectly, except in the performance of his or her functions or duties or in the exercise of his or her powers under this Act or the Public Interest Disclosure Act 2013:

make a record of, or divulge or communicate to any person or to a court, any information or document acquired under this Act by reason of the person holding, or acting in, that office; or

make use of any such information or document.

Penalty: Imprisonment for 2 years or 50 penalty units, or both.

Offence—unauthorised disclosure of information acquired under the Freedom of Information Act 1982

(1AA) Subject to subsection (1A), a person who is an IGIS official, or former IGIS official, must not, either directly or indirectly, except in the performance of his or her functions or duties or in the exercise of his or her powers under Freedom of Information Act 1982:Division 9 of Part VII or section 60A of the

make a record of, or divulge or communicate to any person or to a court, any information or document acquired under that Division or section by reason of the person holding, or acting in, that office; or

make use of any such information or document.

Penalty: Imprisonment for 2 years or 50 penalty units, or both.

Offence—unauthorised disclosure of information acquired under the Archives Act 1983

(1AB) Subject to subsection (1A), a person who is an IGIS official, or former IGIS official, must not, either directly or indirectly, except in the performance of his or her functions or duties or in the exercise of his or her powers under Archives Act 1983:section 50A of the

make a record of, or divulge or communicate to any person or to a court, any information or document acquired under that section by reason of the person holding, or acting in, that office; or

make use of any such information or document.

Penalty: Imprisonment for 2 years or 50 penalty units, or both.

Exception

Subsections (1), (1AA) and (1AB) do not apply if the Inspector-General:

(a) believed on reasonable grounds that the making of the record, or the divulging, communicating or use of the information or document (the conduct) by the person mentioned in the subsection is necessary for the purpose of preserving the well-being or safety of another person; and

authorised the person mentioned in the subsection to engage in the conduct for that purpose.

Dealing with offence as indictable or summary offence

An offence against subsection (1), (1AA) or (1AB) is an indictable offence.

Notwithstanding that an offence against subsection (1), (1AA) or (1AB) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is appropriate to do so and the defendant and the prosecutor consent.

If, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection (1), (1AA) or (1AB), the penalty that the court may impose is imprisonment for a period not exceeding 12 months or a fine not exceeding 20 penalty units, or both.

Limitation on disclosures to courts

A person who is an IGIS official, or former IGIS official, must not be required to:

(a) produce in a court any document of which the person has custody, or to which the person has access, because the person is performing functions or duties or exercising powers under this Act, Freedom of Information Act 1982 or section 50A of the Archives Act 1983; orDivision 9 of Part VII or section 60A of the

divulge or communicate to a court any information obtained by the person because the person is performing those functions or duties or exercising those powers;

except if it is necessary to do so:

if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under this Act—for the purposes of this Act; and

(bb) if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under Freedom of Information Act 1982—for the purposes of that Division; andDivision 9 of Part VII of the

(bc) if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under Freedom of Information Act 1982—for the purposes of that section; andsection 60A of the

(bd) if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under Archives Act 1983—for the purposes of that section; andsection 50A of the

if the information is obtained by the person because the person is performing functions or duties or exercising powers under this Act:

unless subparagraph (ii) applies—for the purposes of this Act; or

(ii) if the information is obtained for the purposes of an investigation by the Inspector-General under the Public Interest Disclosure Act 2013—for the purposes of that Act; and

(ca) if the information is obtained by the person because the person is performing functions or duties or exercising powers under Freedom of Information Act 1982—for the purposes of that Division; andDivision 9 of Part VII of the

(d) if the information is obtained by the person because the person is performing functions or duties or exercising powers under Freedom of Information Act 1982—for the purposes of that section; andsection 60A of the

(e) if the information is obtained by the person because the person is performing functions or duties or exercising powers under Archives Act 1983—for the purposes of that section.section 50A of the

Section generally to apply despite other laws

This section applies despite any other provision of a law of the Commonwealth unless that provision manifests a clear intention to apply despite this section (for example, by explicitly authorising or requiring an IGIS official to use or disclose information).

Note: A requirement in a law of the Commonwealth that applies generally to an APS employee, and does not refer explicitly to an IGIS official, would not manifest a clear intention to apply despite this section.

This section applies despite any provision of a law of a State or Territory.

Definitions for this section

In this section:

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

produce includes permit access to.

34AA Disclosure of IPO information to the Ombudsman and the Australian Designated Authority etc. 1

The Inspector-General, or a member of the staff of the Inspector-General, may divulge or communicate IPO information to an Ombudsman official if:

the information is relevant to the Ombudsman’s functions or powers; and

the Inspector-General is satisfied on reasonable grounds that the Ombudsman has satisfactory arrangements in place for protecting the information.

The Inspector-General, or a member of the staff of the Inspector-General, may divulge or communicate IPO information to an Australian Designated Authority official if:

(a) the information is relevant to the Australian Designated Authority’s functions or powers under Schedule 1 to the Telecommunications (Interception and Access) Act 1979; and

the Inspector-General is satisfied on reasonable grounds that the Australian Designated Authority has satisfactory arrangements in place for protecting the information.

In this section:

Australian Designated Authority has the same meaning as in Schedule 1 to the Telecommunications (Interception and Access) Act 1979.

Australian Designated Authority official means:

the Australian Designated Authority; or

a person who:

is an APS employee in the Department administered by the Attorney-General; and

(ii) has duties relating to the functions or powers of the Australian Designated Authority under Schedule 1 to the Telecommunications (Interception and Access) Act 1979.

IPO information means:

(a) protected information within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979; or

information relevant to the operation of that Schedule.

Ombudsman official has the same meaning as in the Telecommunications (Interception and Access) Act 1979.

34AB Disclosure of information or documents to the National Anti-Corruption Commission 1

The Inspector-General, or a member of the staff of the Inspector-General, may divulge or communicate information, or give documents, to a staff member of the NACC if:

the information is, or the documents are, relevant to the National Anti-Corruption Commissioner’s functions or powers; and

the Inspector-General is satisfied on reasonable grounds that the National Anti-Corruption Commissioner has satisfactory arrangements in place for protecting the information or documents.

The Inspector-General, or a member of the staff of the Inspector-General, may divulge or communicate information, or give documents, to the Inspector of the National Anti-Corruption Commission or a person assisting the Inspector if:

the information is, or the documents are, relevant to the Inspector of the National Anti-Corruption Commission’s functions or powers; and

the Inspector-General is satisfied on reasonable grounds that the Inspector of the National Anti-Corruption Commission has satisfactory arrangements in place for protecting the information or documents.

This section applies despite anything in this Act or any other Act.

In this section:

person assisting the Inspector has the same meaning as in the National Anti-Corruption Commission Act 2022.

staff member of the NACC has the same meaning as in the National Anti-Corruption Commission Act 2022.

34AC Disclosure of information or documents to the Defence and Veterans’ Service Commission 1

An IGIS official may divulge or communicate information, or give documents, to an entrusted person if:

the information is, or the documents are, relevant to the Defence and Veterans’ Service Commissioner’s functions or powers; and

the Inspector-General is satisfied on reasonable grounds that the Defence and Veterans’ Service Commissioner has satisfactory arrangements in place for protecting the information or documents.

This section applies despite anything in this Act or any other Act.

In this section:

entrusted person means entrusted person (within the meaning of the Defence and Veterans’ Service Commissioner Act 2026).

34A Information and documents may be given to Royal Commissioners 1

The purpose of this section is to further the inquiries to be conducted by a Commission.

This section applies in spite of anything in this or any other Act.

The Inspector-General, or a former Inspector-General, may give a Commission:

information acquired in his or her capacity as Inspector-General; or

documents of which he or she has custody, or to which he or she has access, in that capacity.

The Inspector-General may, in writing, authorise an IGIS official or former IGIS official to give information or documents to a Commission.

An authorised IGIS official or former IGIS official may give a Commission, in accordance with the authorisation:

information acquired in his or her capacity as an IGIS official; or

documents of which he or she has custody, or to which he or she has access, in that capacity.

The Inspector-General, a former Inspector-General, an IGIS official or a former IGIS official may give information or documents to his or her legal adviser for any purpose related to the person’s involvement, or possible involvement, in the inquiry conducted by, or any other activities of, a Commission.

In this section:

Commission means a Royal Commission (within the meaning of the Royal Commissions Act 1902) prescribed for the purposes of this definition and includes:

a person appointed to assist the person or persons constituting the Commission; and

a person or employee under the control of the person or persons constituting the Commission;

performing any function in relation to the inquiry concerned.

Inspector-General includes an acting Inspector-General.

34C No evidential burden for IGIS officials in relation to defences to secrecy offences 1

(1) Despite subsections 13.3(2) and (3) of the Criminal Code, in a prosecution for any offence of:

disclosing, making a record of, or using, information or a document; or

causing information or a document to be disclosed, recorded or used;

an IGIS official does not bear an evidential burden in relation to whether the disclosure, record or use is for the purposes of, or in connection with, that or any other IGIS official exercising a power, or performing a function or duty, as an IGIS official.

Subsection (1) applies even if the offence referred to in that subsection has additional physical elements to those referred to in paragraph (1)(a) or (b).

To avoid doubt:

an offence may be covered by subsection (1) even if the offence does not refer to disclosing, making a record of, or using, information or a document; and

without limiting paragraph (a):

disclosing information or a document includes communicating information or a document; and

making a record of information or a document includes reproducing information or a document; and

iii

using information or a document includes dealing with, reading or examining information or a document.

35 Annual report

Contents of annual report

(2) The Inspector-General must include in an annual report prepared by the Inspector-General and given under Public Governance, Performance and Accountability Act 2013 for a period the Inspector-General’s comments on any inquiry conducted by the Inspector-General in accordance with paragraph 8(1)(d) or 8(3)(c) during the period to which the report relates.section 46 of the

The Inspector-General must include in a report referred to in subsection (2) the Inspector-General’s comments on any inspection conducted under section 9A during the period to which the report relates.

(2AA) The Inspector-General must include in a report referred to in subsection (2) the Inspector-General’s comments on:

the employment of any person under subsection 32(3) during the period to which the report relates (whether or not the employment commenced during that period); and

any delegation under subsection 32AA(1) in force during the period to which the report relates.

(2AB) The Inspector-General must include in a report referred to in subsection (2):

the number of complaints made to the Inspector-General under Division 2 of Part II of this Act during the period to which the report relates; and

the kinds of matters to which the complaints related; and

the actions taken by the Inspector-General in response to the complaints, including the number of inquiries conducted by the Inspector-General in response to the complaints; and

a summary of the actions taken by the relevant intelligence agencies in response to the following:

the complaints;

the Inspector-General’s conclusions and recommendations as a result of the inquiries.

(2AC) The Inspector-General must include in a report referred to in subsection (2):

(a) the number of disclosures of information received by the Inspector-General under the Public Interest Disclosure Act 2013 during the period to which the report relates; and

the kinds of disclosable conduct with which the information was concerned; and

the actions taken by the Inspector-General to handle the disclosures, including:

the number of inquiries conducted by the Inspector-General under this Act; and

(ii) the number of investigations conducted by the Inspector-General under the Public Interest Disclosure Act 2013; and

a summary of the actions taken by the relevant intelligence agencies in response to the following:

the disclosures;

the Inspector-General’s conclusions and recommendations as a result of the inquiries or investigations;

iii

any other matters set out in reports relating to the inquiries or investigations.

(2AD) The head of an intelligence agency must give the Inspector-General such information and assistance as the Inspector-General reasonably requires in relation to the matters mentioned in paragraphs (2AB)(d) and (2AC)(d).

(2B) The Inspector-General must include in a report referred to in subsection (2) the Inspector-General’s comments on the extent of compliance by ASIS, AGO, ASD and DIO, during the period to which the report relates, with rules made under Intelligence Services Act 2001.section 15 or 41C of the

Note: The rules referred to in this subsection regulate the communication and retention of intelligence information (within the meaning of the Intelligence Services Act 2001) concerning Australian persons (within the meaning of that Act).

(2C) The Inspector-General must include in a report referred to in subsection (2) the Inspector-General’s comments on the extent of compliance by ONI, during the period to which the report relates, with privacy rules made under Office of National Intelligence Act 2018.section 53 of the

Note: The rules referred to in this subsection regulate the collection, communication, handling and retention of certain information that is personal information about an Australian citizen or permanent resident (within the meaning of the Office of National Intelligence Act 2018).

The Inspector-General may include in a report referred to in subsection (2) the Inspector-General’s comments on any other activity of the Inspector-General during the period to which the report relates.

Report to be given to the Leader of the Opposition

A copy of a report referred to in subsection (2) must be given to the Leader of the Opposition in the House of Representatives, but it is the duty of the Leader of the Opposition to treat as secret any part of the report that is not tabled in a House of the Parliament.

Tabling of annual report

Subject to subsection (5), the Attorney-General must cause a copy of a report referred to in subsection (2) to be laid before each House of the Parliament as soon as practicable after the report is received by the Attorney-General.

For the purposes of subsection (4), the Attorney-General may make such deletions from a report referred to in subsection (2) as the Attorney-General considers necessary in order to avoid prejudice to security, the defence of Australia, Australia’s relations with other countries, law enforcement operations or the privacy of individuals.

36 Regulations

The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

required or permitted by this Act to be prescribed; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	orig = original
am = amended	p = page(s)
amdt = amendment	para = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub-subparagraph(s)
ch = Chapter(s)	pres = present
cl = clause(s)	prev = previous
cont. = continued	(prev…) = previously
def = definition(s)	pt = Part(s)
Dict = Dictionary	r = regulation(s)/Court rule(s)
disallowed = disallowed by Parliament	reloc = relocated
div = Division(s)	renum = renumbered
ed = editorial change	rep = repealed
exp = expires/expired or ceases/ceased to have	rs = repealed and substituted
effect	s = section(s)/subsection(s)
gaz = gazette	/rule(s)/subrule(s)/order(s)/suborder(s)
LA = Legislation Act 2003	sch = Schedule(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md) = misdescribed amendment can be given	SR = Statutory Rules
effect	sub ch = Sub-Chapter(s)
(md not incorp) = misdescribed amendment	sub div = Subdivision(s)
cannot be given effect	sub pt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced
Ord = Ordinance

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Inspector-General of Intelligence and Security Act 1986	101, 1986	17 Oct 1986	1 Feb 1987 (s 2 and gaz 1987, No S13)
Statute Law (Miscellaneous Provisions) Act 1987	141, 1987	18 Dec 1987	s 3: 1 Feb 1987 (s 2(20)) s 5(1): 18 Dec 1987 (s 2(1))	s 5(1)
Migration Legislation Amendment (Consequential Amendments) Act 1989	159, 1989	18 Dec 1989	s 4: 19 Dec 1989 (s 2(2))	—
Defence Legislation Amendment Act 1990	75, 1990	22 Oct 1990	s 5: 22 Oct 1990 (s 2(1))	—
Industrial Relations Legislation Amendment Act 1991	122, 1991	27 June 1991	s 31(2), sch: 10 Dec 1991 (s 2(3) and gaz 1991, No S332)	s 31(2)
Prime Minister and Cabinet Legislation Amendment Act 1991	199, 1991	18 Dec 1991	sch 1: 18 Dec 1991 (s 2)	—
Inspector-General of Intelligence and Security Amendment Act 1994	50, 1994	7 Apr 1994	7 Apr 1994 (s 2)	—
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	sch 4 (item 95): 25 Oct 1996 (s 2(1))	—
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	sch 1 (items 546-549): 5 Dec 1999 (s 2(1), (2))	—
Australian Security Intelligence Organisation Legislation Amendment Act 1999	161, 1999	10 Dec 1999	sch 3 (items 1, 31-37), sch 5: 10 Dec 1999 (s 2(1), (2))	—
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	sch 2 (items 248, 249, 418, 419): 24 May 2001 (s 2(3))	sch 2 (items 418, 419)
Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Act 2001	49, 2001	21 June 2001	s 4, sch 1 (items 1-5): 19 July 2001 (s 2(c))	s 4
Intelligence Services (Consequential Provisions) Act 2001	153, 2001	1 Oct 2001	s 4, sch 2: 29 Oct 2001 (s 2)	s 4
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001	159, 2001	1 Oct 2001	sch 1 (items 64, 97): 29 Oct 2001 (s 2(1))	sch 1 (item 97)
Age Discrimination (Consequential Provisions) Act 2004	40, 2004	21 Apr 2004	sch 1 (items 9-11): 23 June 2004 (s 2(1) item 4)	—
Intelligence Services Legislation Amendment Act 2005	128, 2005	4 Nov 2005	sch 2: 2 Dec 2005 (s 2(1) item 2)	—
Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Act 2006	170, 2006	12 Dec 2006	sch 1 (items 149, 150): 13 Dec 2006 (s 2(1) item 22)	—
Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2007	52, 2007	12 Apr 2007	sch 1 (items 62, 69): 13 Apr 2007 (s 2(1) item 8)	sch 1 (item 69)
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009	70, 2009	8 July 2009	sch 2 (items 93-100), sch 3 (items 40-42): 5 Aug 2009 (s 2(1) items 3, 7)	—
Freedom of Information (Removal of Conclusive Certificates and Other Measures) Act 2009	99, 2009	6 Oct 2009	sch 4: 7 Oct 2009 (s 2)	—
Freedom of Information Amendment (Reform) Act 2010	51, 2010	31 May 2010	sch 6 (items 49-52), sch 7: 1 Nov 2010 (s 2(1) item 7)	sch 7
National Security Legislation Amendment Act 2010	127, 2010	24 Nov 2010	sch 9: 25 Nov 2010 (s 2(1) item 15)	—
Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010	145, 2010	16 Dec 2010	sch 2 (items 53-55): 17 Dec 2010 (s 2(1) item 2)	—
as amended by
Statute Law Revision (Spring 2016) Act 2016	67, 2016	20 Oct 2016	sch 2 (item 4): 17 Dec 2010 (s 2(1) item 6)	—
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	sch 6 (items 56-62), sch 7 (item 76): 19 Apr 2011 (s 2(1) items 15-18)	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	sch 2 (items 719-722), sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 5, 12)	sch 3 (items 10, 11)
Inspector-General of Intelligence and Security Amendment Act 2011	118, 2011	14 Oct 2011	sch 1: 15 Oct 2011 (s 2(1) item 2)	—
Statute Law Revision Act 2012	136, 2012	22 Sept 2012	sch 1 (item 80): 22 Sept 2012 (s 2(1) item 1)	—
Public Interest Disclosure (Consequential Amendments) Act 2013	134, 2013	15 July 2013	sch 1 (items 2-5): 15 Jan 2014 (s 2(1) item 3)	—
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014	62, 2014	30 June 2014	sch 6 (item 50), sch 9 (items 166-177), sch 14: 1 July 2014 (s 2(1) items 6, 14)	sch 14
as amended by
Public Governance and Resources Legislation Amendment Act (No. 1) 2015	36, 2015	13 Apr 2015	sch 2 (items 7-9), sch 7: 14 Apr 2015 (s 2)	sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)	—
National Security Legislation Amendment Act (No. 1) 2014	108, 2014	2 Oct 2014	sch 1 (items 42-48, 78-87): 30 Oct 2014 (s 2(1) item 2) sch 7 (items 115-134, 144, 145): 3 Oct 2014 (s 2(1) item 5)	sch 1 (items 78-87), sch 7 (items 144, 145)
Tribunals Amalgamation Act 2015	60, 2015	26 May 2015	sch 8 (items 28, 29), sch 9: 1 July 2015 (s 2(1) items 19, 22)	sch 9
Statute Law Revision Act (No. 1) 2016	4, 2016	11 Feb 2016	sch 4 (items 1, 190): 10 Mar 2016 (s 2(1) item 6)	—
Law and Justice Legislation Amendment (Northern Territory Local Court) Act 2016	26, 2016	23 Mar 2016	sch 1 (items 23, 34, 35): 1 May 2016 (s 2(1) item 2)	sch 1 (items 34, 35)
Statute Update Act 2016	61, 2016	23 Sept 2016	sch 1 (items 297-300): 21 Oct 2016 (s 2(1) item 1)	—
Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018	25, 2018	11 Apr 2018	sch 1 (items 70-85, 100-108): 1 July 2018 (s 2(1) item 2)	sch 1 (items 100-108)

Act (Register ID)	Number and year	Assent	Commencement	Application, saving and transitional provisions
Home Affairs and Integrity Agencies Legislation Amendment Act 2018 (C2018A00031)	31, 2018	9 May 2018	sch 1 (items 27A-61): 11 May 2018 (s 2(1) item 2)	sch 1 (items 27B, 33, 35B, 37, 39, 41, 45, 49, 53, 55, 57)
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (C2018A00067)	67, 2018	29 June 2018	sch 6: 30 June 2018 (s 2(1) item 9)	—
Office of National Intelligence (Consequential and Transitional Provisions) Act 2018 (C2018A00156)	156, 2018	10 Dec 2018	sch 2 (items 51-65), sch 4: 20 Dec 2018 (s 2(1) items 2, 4)	sch 4
Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Act 2020 (C2020A00133)	133, 2020	17 Dec 2020	sch 1 (item 64): 17 June 2021 (s 2(1) item 2)	—
Australian Security Intelligence Organisation Amendment Act 2020 (C2020A00134)	134, 2020	17 Dec 2020	sch 1 (items 25, 26): 7 Sept 2020 (s 2(1) item 2)	—
Telecommunications Legislation Amendment (International Production Orders) Act 2021 (C2021A00078)	78, 2021	23 July 2021	sch 1 (item 5A): 24 July 2021 (s 2(1) item 2)	—
Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (C2021A00098)	98, 2021	3 Sept 2021	sch 2 (items 51-76): 4 Sept 2021 (s 2(1) item 3)	—
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Act 2022 (C2022A00031)	31, 2022	1 Apr 2022	sch 10 (items 6-8, 14): 1 Oct 2022 (s 2(1) items 5, 6)	—
Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (C2022A00085)	85, 2022	12 Dec 2022	sch 2 (items 26-30): 12 Dec 2023 (s 2(1) item 5)	—
National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 (C2022A00089)	89, 2022	12 Dec 2022	sch 1 (items 117-122): 1 July 2023 (s 2(1) item 2)	—
Australian Security Intelligence Organisation Amendment Act 2023 (C2023A00033)	33, 2023	28 June 2023	sch 1 (item 49): 1 July 2023 (s 2(1) item 1)	—
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023 (C2023A00053)	53, 2023	11 Aug 2023	sch 1 (items 15, 17): 12 Aug 2023 (s 2(1) item 1)	sch 1 (item 17)
Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023 (C2023A00073)	73, 2023	20 Sept 2023	sch 1 (items 1-165), sch 2 (items 1, 2), sch 3 (item 1): 21 Sept 2023 (s 2(1) items 2, 3, 5)	sch 3 (item 1)
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 (C2024A00039)	39, 2024	31 May 2024	sch 2 (items 78, 79): 14 Oct 2024 (s 2(1) item 2)	—
Oversight Legislation Amendment (Robodebt Royal Commission Response and Other Measures) Act 2025 (C2025A00007)	7, 2025	14 Feb 2025	sch 1 (item 15): 15 Feb 2025 (s 2(1) item 2)	—
Strengthening Oversight of the National Intelligence Community Act 2025 (C2025A00075)	75, 2025	4 Dec 2025	sch 1 (items 1-42), sch 5 (items 1, 5, 6): 4 June 2026 (s 2(1) items 2, 4)	sch 5 (items 1, 5, 6)
Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026 (C2026A00004)	4, 2026	5 Mar 2026	sch 1 (item 16): 28 Mar 2026 (s 2(1) item 1)	—
Defence and Veterans’ Service Commissioner (Consequential and Transitional Provisions) Act 2026 (C2026A00028)	28, 2026	1 Apr 2026	sch 1 (item 3): 1 June 2026 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Part I
s 2	am No 73, 2023
s 3	am No 141, 1987; No 159, 1989; No 75, 1990; No 161, 1999; No 128, 2005; No 70, 2009; No 127, 2010; No 5, 2011; No 134, 2013; No 108, 2014; No 26, 2016; No 25, 2018; No 31, 2018; No 156, 2018
	ed C34
	am No 98, 2021; No 85, 2022; No 89, 2022; No 73, 2023; No 75, 2025; No 4, 2026
s 3A	ad No 75, 2025
s 4	am No 127, 2010; No 118, 2011; No 31, 2018
s 5A	ad No 49, 2001
Part II
Division 1
s 6	am No 31, 2018; No 73, 2023
s 6AA	ad No 62, 2014
	am No 73, 2023
s 6A	ad No 199, 1991
	am No 46, 2011; No 31, 2018
s 7	am No 199, 1991
	am No 127, 2010
s 8	am No 141, 1987; No 75, 1990; No 161, 1999; No 40, 2004; No 128, 2005; No 70, 2009; No 127, 2010; No 118, 2011; No 108, 2014; No 60, 2015; No 25, 2018; No 31, 2018; No 156, 2018; No 98, 2021; No 85, 2022 (amdt never applied (sch 2 (item 30))); No 33, 2023; No 73, 2023; No 39, 2024; No 75, 2025
s 8AA	ad No 75, 2025
s 8A	ad No 134, 2013
	am No 108, 2014; No 156, 2018; No 98, 2021
	ed C37
	am No 73, 2023; No 75, 2025
s 9	am No 161, 1999
	rs No 127, 2010
	am No 31, 2018
s 9AA	ad No 127, 2010
	am No 60, 2015; No 31, 2018; No 98, 2021; No 73, 2023; No 39, 2024; No 75, 2025
s 9A	ad No 161, 1999
	am No 127, 2010; No 98, 2021; No 73, 2023
s 9B	ad No 128, 2005
	rs No 134, 2020; No 75, 2025
Division 2
s 10	am No 98, 2021; No 73, 2023
s 11	am No 127, 2010; No 108, 2014; No 25, 2018; No 98, 2021; No 89, 2022; No 73, 2023; No 75, 2025
s 12	am No 127, 2010
	rs No 73, 2023
s 13	am No 73, 2023
Division 2A
Division 2A heading	ad No 73, 2023
s 14	am No 127, 2010; No 118, 2011; No 73, 2023; No 7, 2025
Division 3
Subdivision A
Subdivision A heading	ad No 73, 2023
s 15	am No 128, 2005; No 127, 2010; No 5, 2011; No 108, 2014; No 25, 2018; No 156, 2018; No 98, 2021; No 73, 2023; No 75, 2025
s 16	am No 128, 2005; No 127, 2010
	rep No 73, 2023
Subdivision B
Subdivision B heading	ad No 73, 2023
s 17	am No 153, 2001; No 127, 2010; No 31, 2018; No 73, 2023
s 17A	ad No 73, 2023
Subdivision C
Subdivision C heading	ad No 73, 2023
s 18	am No 146, 1999; No 137, 2000; No 49, 2001; No 127, 2010; No 4, 2016; No 61, 2016; No 73, 2023
s 19	am No 153, 2001; No 128, 2005; No 127, 2010; No 73, 2023
s 19A	ad No 128, 2005
	rs No 134, 2020; No 75, 2025
s 20	am No 127, 2010
	rep No 73, 2023
Division 4
s 20A	ad No 73, 2023
s 21	am No 128, 2005; No 127, 2010; No 5, 2011; No 108, 2014; No 25, 2018; No 156, 2018; No 98, 2021; No 73, 2023; No 75, 2025
s 22	am No 161, 1999; No 128, 2005; No 170, 2006; No 52, 2007; No 127, 2010; No 145, 2010; No 118, 2011; No 136, 2012; No 31, 2018; No 73, 2023; No 75, 2025
s 22A	ad No 75, 2025
s 23	am No 161, 1999; No 127, 2010; No 73, 2023; No 75, 2025
s 24	am No 127, 2010; No 31, 2018; No 73, 2023
s 24A	ad No 128, 2005
	am No 127, 2010; No 5, 2011; No 31, 2018
s 25	am No 31, 2018; No 73, 2023
s 25A	ad No 161, 1999
	am No 170, 2006; No 127, 2010; No 145, 2010 (as am by No 67, 2016); No 133, 2020; No 73, 2023
s 25B	ad No 73, 2023
Part III
s 26	am No 153, 2001; No 159, 2001
s 27	am No 43, 1996; No 73, 2023
s 28	rs No 122, 1991
	am No 146, 1999; No 31, 2018
s 30	am No 122, 1991; No 62, 2014; No 31, 2018; No 73, 2023
s 31	rep No 62, 2014
s 32	am No 146, 1999; No 118, 2011; No 73, 2023
s 32AAA	ad No 73, 2023
s 32AAB	ad No 73, 2023
s 32AAC	ad No 73, 2023
s 32AAD	ad No 73, 2023
	am No 75, 2025
s 32AA	ad No 118, 2011
	am No 73, 2023
Part IIIA
Part IIIA	ad No 98, 2021
	rs No 73, 2023
Division 1
32AB	ad No 73, 2023
Division 2
s 32AC	ad No 98, 2021
	rs No 73, 2023
	am No 73, 2023
s 32AD	ad No 98, 2021
	am No 89, 2022
	rs No 73, 2023
s 32AE	ad No 98, 2021
	rs No 73, 2023
Division 3
s 32AEA	ad No 75, 2025
s 32AF	ad No 73, 2023
s 32AFA	ad No 75, 2025
s 32AG	ad No 73, 2023
	am No 73, 2023
s 32AH	ad No 73, 2023
Part IV
s 32A	ad No 199, 1991
	am No 161, 1999; No 128, 2005; No 127, 2010; No 5, 2011; No 108, 2014; No 25, 2018; No 31, 2018; No 156, 2018; No 98, 2021; No 73, 2023; No 75, 2025
s 32B	ad No 199, 1991
	am No 128, 2005; No 127, 2010; No 108, 2014; No 31, 2018; No 156, 2018; No 98, 2021; No 73, 2023; No 75, 2025
s 32C	ad No 75, 2025
s 33	am No 73, 2023
s 34	am No 161, 1999; No 99, 2009; No 51, 2010; No 118, 2011; No 134, 2013; No 61, 2016; No 73, 2023
s 34AA	ad No 78, 2021
s 34AB	ad No 89, 2022
s 34AC	ad No 28, 2026
s 34A	ad No 50, 1994
	am No 118, 2011; No 73, 2023
s 34B	ad No 67, 2018
	am No 89, 2022
	rep No 73, 2023
s 34C	ad No 98, 2021
s 35	am No 161, 1999; No 153, 2001; No 128, 2005; No 127, 2010; No 118, 2011; No 62, 2014; No 108, 2014; No 31, 2018; No 156, 2018; No 31, 2022; No 53, 2023; No 73, 2023