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).
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