Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (98 of 2021)

Schedule 2   Network activity warrants

Part 2   Consequential amendments

Australian Human Rights Commission Act 1986

42   After subsection 20(4B)

Insert:

(4C) If:

(a) a complaint has been made to the Commission in relation to:

(i) an act or practice of ACIC (except an act or practice of an examiner of ACIC performing functions and exercising powers as an examiner); or

(ii) an act or practice of the Australian Federal Police; and

(b) because the Commission is of the opinion that the subject matter of the complaint could be more effectively or conveniently dealt with by the Inspector-General of Intelligence and Security under the Inspector-General of Intelligence and Security Act 1986, the Commission decides not to inquire, or not to continue to inquire, into that act or practice;

the Commission must:

(c) consult the Inspector-General in relation to transferring the complaint or part of the complaint; and

(d) if the Inspector-General agrees to the transfer of the complaint or part of the complaint - transfer the complaint or part to the Inspector-General as soon as is reasonably practicable; and

(e) as soon as is reasonably practicable, take reasonable steps to give notice in writing to the complainant stating that the complaint or part has been so transferred; and

(f) give to the Inspector-General any information or documents that relate to the complaint or part and are in the possession, or under the control, of the Commission.

(4D) Without limiting subsection (4C), the Commission may consult with, and obtain an agreement from, the Inspector-General of Intelligence and Security by entering into an arrangement with the Inspector-General relating to the transfer of complaints (or parts) generally.