Commonwealth Numbered Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION LEGISLATION AMENDMENT ACT 1999 NO. 161, 1999 - SCHEDULE 5

1 At the end of Division 1 of Part II

Add:

9A Inspection functions of Inspector-General

The functions of the Inspector-General include conducting, at such times as the Inspector-General determines in consultation with the head of the relevant agency, such other inspections of the agency as the Inspector-General considers appropriate for the purpose of giving effect to the objects of this Act.

Note 1: The heading to section 8 is replaced by the heading "Inquiry functions of Inspector-General".
Note 2: The heading to section 9 is replaced by the heading "Additional inquiry functions of Inspector-General".

2 Subsection 22(1)

Omit all the words after "copy of the report", substitute "to the head of the agency".

3 At the end of section 22

Add:

(3)

If the report includes information that was acquired by the Commissioner of Taxation under the provisions of a tax law (within the meaning of section 3E of the Taxation Administration Act 1953 ), the Inspector-General must prepare another version of the report that does not disclose the tax information.

Note: Section 3EC of the Taxation Administration Act 1952 permits the Inspector-General to disclose the information to the Director-General of Security in the report under subsection (1).

(4)

The Inspector-General must give a copy of:

(a)

if subsection (3) applies—the version of the report mentioned in that subsection; or

(b)

in any other case—the report mentioned in subsection (1);

to:

(c)

the responsible Minister; and

(d)

if the inquiry was conducted as a result of a request made by the Prime Minister under section 9—the Prime Minister.

4 Subsection 23(2)

Omit "responsible Minister", substitute "head of the relevant agency".

5 At the end of section 23

Add:

(3)

The Inspector-General must give a copy of the response to the responsible Minister.

6 At the end of Part II

Add:

25A Reports relating to other inspections

If the Inspector-General completes an inspection of an agency under section 9A, the Inspector-General may report on the inspection to the responsible Minister or the head of the relevant agency.

Note: The Inspector-General may only disclose tax information and financial transaction reports information as permitted under section 3EC of the Taxation Administration Act 1953 and section 27AA of the Financial Transaction Reports Act 1988 .

7 Subsection 34(1)

Omit "A person", substitute "Subject to subsection (1A), a person".

8 After subsection 34(1)

Insert:

(1A)

Subsection (1) does not apply if the Inspector-General:

(a)

believed on reasonable grounds that the making of the record, or the divulging, communicating or use of the information (the conduct ) by the person mentioned in subsection (1) is necessary for the purpose of preserving the well-being or safety of another person; and

(b)

authorised the person mentioned in subsection (1) to engage in the conduct for that purpose.

9 After subsection 35(2)

Insert:

(2A)

The Inspector-General must include in a report prepared under subsection

(1)

the Inspector-General's comments on any inspection conducted under section 9A during the year to which the report relates.