Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 10   Surveillance devices

Surveillance Devices Act 2004

43   At the end of section 61

Add:

Control order information

(4) The Minister must exclude information from the report before the Minister causes a copy of the report to be laid before each House of the Parliament if the Minister is satisfied that the information is control order information.

(5) If the Minister must send a copy of the report to a Minister of a State under subsection (3), subsection (4) does not require the Minister to exclude from that copy information that the Minister must exclude from the copy of the report the Minister causes to be laid before each House of the Parliament.

(6) If:

(a) because of subsection (4), information has not been included in a copy of a report laid before each House of the Parliament under subsection (2); and

(b) the Ombudsman makes a report (the later report ) to the Minister under subsection (1);

the Minister must, before causing a copy of the later report to be laid before each House of the Parliament:

(c) reconsider whether the information is control order information; and

(d) if the Minister is satisfied that the information is not control order information - include the information in the copy of the later report before causing it to be laid before each House of the Parliament under subsection (2).


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