National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Act 2024 (24 of 2024)

Schedule 2   Protecting identities and information

Part 3   Protection from disclosure under Archives Act 1983

Archives Act 1983

35   After subsection 33(4)

Insert:

(4A) For the purposes of this Act, a Commonwealth record is an exempt record if:

(a) it contains information or matter:

(i) that identifies a person as being, or having been, an ASIO employee or an ASIO affiliate; or

(ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and

(b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;

unless the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director-General of Security has consented in writing to the information or matter being made public.

(4B) If:

(a) the consent of the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director-General of Security has been given in relation to information or a matter for the purposes of that section (before, on or after the commencement of this subsection); and

(b) that information or matter is substantially the same as the information or matter referred to in subsection (4A) of this section;

the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4A).

(4C) For the purposes of this Act, a Commonwealth record is an exempt record if:

(a) it contains information or matter:

(i) that identifies a person as being, or having been, a staff member of the Australian Secret Intelligence Service ( ASIS ) (within the meaning of the Intelligence Services Act 2001) or an agent of ASIS; or

(ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and

(b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;

unless the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director-General of ASIS has consented in writing to the information or matter being made public.

(4D) If:

(a) the consent of the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director-General of ASIS has been given in relation to information for the purposes of section 41 of that Act (before, on or after the commencement of this subsection); and

(b) that information is substantially the same as the information referred to in subsection (4C) of this section;

the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4C).