Senate

Explanatory Memorandum

Circulated By Authority of the Cabinet Secretary, Senator the Hon John Faulkner

Schedule 4 - Inspector-General of Intelligence and Security Act 1986

Items 1 - 7

The proposed amendments addressed in these items are a consequence of the proposed amendment at item 25 Schedule 1 (FOI Act) and item 10 Schedule 2 (Archives Act) to require the AAT to request the IGIS to give evidence in certain proceedings. The purpose of item 2 is to extend the secrecy provision in section 34 of the Inspector-General of Intelligence and Security Act 1986 to cover information that the IGIS (current and former), or a staff member (current and former), has acquired in the performance of functions or duties under those proposed amendments to the FOI Act and the Archives Act.

Item 8 - subsection 34(5)

The purpose of item 8 is to extend the existing restriction that applies to the production of documents to a court by the IGIS (current and former) or a staff member (current and former) in respect of documents that are in their custody by virtue of performing the functions or duties under the proposed amendments to the FOI Act and the Archives Act addressed at item 10 Schedule 2.

Item 9 - subsection 34(7)

This item repeals subsection 34(7) which is a consequential amendment arising as a result of the amendment at item 2. Subsection 34(7) is not necessary for the interpretation of section 34.