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

Schedule 3   Application and transitional provisions

1   Application - main amendments of the Inspector-General of Intelligence and Security Act 1986

General application provision

(1) The amendments of the Inspector-General of Intelligence and Security Act 1986 made by Part 1 of Schedule 1 to this Act apply (subject to this item) in relation to inquiries under that Act:

(a) commenced after the commencement of that Schedule (whether in response to a complaint, a request or on the Inspector-General of Intelligence and Security's own motion); and

(b) into complaints made to the Inspector-General before the commencement of that Schedule (except in relation to action taken by ONI or DIO) if:

(i) the Inspector-General has not completed any preliminary inquiries under section 14 of that Act before that time; or

(ii) the Inspector-General has not made a decision on whether to commence an inquiry before that time;

whether the action to which the inquiry relates was taken before or after that commencement.

(2) Subitem (1) does not relate to a disclosure of information which has been allocated under section 43 of the Public Interest Disclosure Act 2013 before that commencement.

Appointments as Inspector-General

(3) The amendments of section 30 of the Inspector-General of Intelligence and Security Act 1986 made by Part 1 of Schedule 1 apply in relation to any appointment that is in force immediately before, or made after, the commencement of that Schedule.

Amendments relating to giving information etc.

(4) The amendments of section 18 of the Inspector-General of Intelligence and Security Act 1986, apply in relation to any information or document given or produced, or question answered, after the commencement of Schedule 1 (whether in compliance with a notice given, or in relation to information or a document obtained, before or after that commencement).

Obligations on Inspector-General

(5) Section 17A of the Inspector-General of Intelligence and Security Act 1986 applies in relation to any inspection, preliminary inquiry or inquiry (as the case requires) begun after the commencement of Schedule 1.

(6) Despite the repeal of subsection 17(10) of the Inspector-General of Intelligence and Security Act 1986 by Part 1 of Schedule 1, that subsection continues to apply, after the commencement of that Schedule, in relation to inquiries begun before that commencement, whether or not the opinion mentioned in that subsection was formed before or after that commencement.

Arrangements and agreements of Inspector-General

(7) Sections 32AAC and 32AAD of the Inspector-General of Intelligence and Security Act 1986 do not affect any arrangement or agreement that is made before the commencement of Schedule 1.

(8) Section 32AB of the Inspector-General of Intelligence and Security Act 1986 applies in relation to any functions performed after the commencement of Schedule 1.

Protection for persons providing information

(9) Section 32AC of the Inspector-General of Intelligence and Security Act 1986 (as inserted by Part 1 of Schedule 1) applies in relation to any information or document provided or made available, whether before or after the commencement of Schedule 1.

Security of Commonwealth agency information and documents

(10) Section 32AD of the Inspector-General of Intelligence and Security Act 1986 (as inserted by Part 1 of Schedule 1) applies in relation to any inspection, preliminary inquiry, other action or inquiry begun after the commencement of Schedule 1.

Security of Commonwealth agency information and documents

(11) Despite the repeal of section 20 of the Inspector-General of Intelligence and Security Act 1986 by Part 1 of Schedule 1, that section continues to apply, after the commencement of that Schedule, in relation to any inquiry begun before that commencement.

Authorisation for the purposes of the Privacy Act 1988

(12) Section 32AE of the of the Inspector-General of Intelligence and Security Act 1986 (as inserted by Part 1 of Schedule 1) applies in relation to any personal information given or made available after the commencement of Schedule 1 (whether or not the information was obtained before or after that commencement).

Giving directions and guidelines

(13) The amendments of section 32B of the Inspector-General of Intelligence and Security Act 1986 apply in relation to any direction or guideline that is:

(a) given after the commencement of Schedule 1; or

(b) in force immediately before that commencement.

Secrecy

(14) To avoid doubt, section 34 of the Inspector-General of Intelligence and Security Act 1986 applies after the commencement of Schedule 1 to this Act in relation to any person who has acted as the Inspector-General or as a member of the staff of the Inspector-General before that commencement.

Reporting on preliminary inquiries

(15) To avoid doubt, section 25B of the Inspector-General of Intelligence and Security Act 1986 applies after the commencement of Schedule 1 to this Act, in relation to preliminary inquiries made by the Inspector-General before or after that commencement.