Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023 (73 of 2023)

Schedule 1   Amendments

Part 1   Main amendments

Inspector-General of Intelligence and Security Act 1986

112   Subsections 23(1) and (2)

Repeal the subsections, substitute:

(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.

(2) 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:

(a) security, the defence of Australia or Australia's relations with other countries; or

(b) law enforcement operations, including methodologies and investigative techniques; or

(c) the privacy of individuals; or

(d) confidential commercial information; or

(e) the fair trial of a person or the impartial adjudication of a matter.