National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023 (53 of 2023)

Schedule 1   Amendments

Part 8   Review under the archives law

Archives Act 1983

32   Subsection 50A(1)

Repeal the subsection, substitute:

(1) This section applies in a proceeding before the Tribunal in relation to review of a decision of the Archives in respect of access to a record that:

(a) is claimed to be an exempt record for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b); and

(b) relates directly or indirectly to:

(i) the performance of the functions or duties, or the exercise of the powers, of a body mentioned in paragraph (a) of the definition of intelligence agency in subsection 3(1) of the Inspector-General of Intelligence and Security Act 1986; or

(ii) the performance of an intelligence function (within the meaning of that Act) of a body mentioned in paragraph (b) of that definition; and

(c) is not a record of the Inspector-General of Intelligence and Security.