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Schedule 3—Application and transitional provisions

Schedule 3 Application and transitional provisions

   

1  Application—main amendments of the Inspector-General of Intelligence and Security Act 1986

General application provision

(1)       The amendments of the Inspector-General of Intelligence and Security Act 1986 made by Part 1 of Schedule 1, or Division 1, 3 or 4 of Part 3 of Schedule 2, to this Act apply (subject to this item) in relation to inquiries under that Act:

                     (a)  commenced after the commencement of that Part or Division (whether in response to a complaint, a request or on the Inspector-General of Intelligence and Security’s own motion); and

                     (b)  into complaints made to the Inspector-General before the commencement of that Part or Division (except in relation to action taken by ONI or DIO) if:

                              (i)  the Inspector-General has not completed any preliminary inquiries under section 14 of that Act before that time; or

                             (ii)  the Inspector-General has not made a decision on whether to commence an inquiry before that time;

whether the action to which the inquiry relates was taken before or after that commencement.

(2)       Subitem (1) does not relate to a disclosure of information which has been allocated under section 43 of the Public Interest Disclosure Act 2013 before that commencement.

Appointments as Inspector-General

(3)       The amendments of section 30 of the Inspector-General of Intelligence and Security Act 1986 made by Part 1 of Schedule 1 apply in relation to any appointment that is in force immediately before, or made after, the commencement of that Part.

Amendments relating to giving information etc.

(4)       The amendments of section 18 of the Inspector-General of Intelligence and Security Act 1986 , apply in relation to any information or document given or produced, or question answered, after the commencement of Part 1 of Schedule 1 (whether in compliance with a notice given, or in relation to information or a document obtained, before or after that commencement).

(5)       Section 32AF of the Inspector-General of Intelligence and Security Act 1986 applies in relation to any information or document shared after the commencement of Division 1 or 4 of Part 3 of Schedule 2 (whether the information or document is obtained before or after that commencement).

Obligations on Inspector-General

(6)       Section 17A of the Inspector-General of Intelligence and Security Act 1986 applies in relation to any inspection, preliminary inquiry or inquiry (as the case requires) begun after the commencement of Part 1 of Schedule 1.

(7)       Despite the repeal of subsection 17(10) of the Inspector-General of Intelligence and Security Act 1986 by Part 1 of Schedule 1, that subsection continues to apply, after the commencement of that Part, in relation to inquiries begun before that commencement, whether or not the opinion mentioned in that subsection was formed before or after that commencement.

Arrangements and agreements of Inspector-General

(8)       Sections 32AAC and 32AAD of the Inspector-General of Intelligence and Security Act 1986 do not affect any arrangement or agreement that is made before the commencement of Part 1 of Schedule 1.

(9)       Section 32AB of the Inspector-General of Intelligence and Security Act 1986 applies in relation to any functions performed after the commencement of Division 1 or 4 of Part 3 of Schedule 2.

Protection for persons providing information

(10)     Section 32AC of the Inspector-General of Intelligence and Security Act 1986 applies in relation to any information or document provided or made available, whether before or after the commencement of Division 1 or 4 of Part 3 of Schedule 2.

Security of Commonwealth agency information and documents

(11)     Section 32AD of the Inspector-General of Intelligence and Security Act 1986 applies in relation to any inspection, preliminary inquiry, other action or inquiry begun after the commencement of Division 1 or 4 of Part 3 of Schedule 2.

(12)     Despite the repeal of section 20 of the Inspector-General of Intelligence and Security Act 1986 by Part 1 of Schedule 1, that section continues to apply, after the commencement of that Part, in relation to any inquiry begun before that commencement.

Authorisation for the purposes of the Privacy Act 1988

(13)     Section 32AE of the of the Inspector-General of Intelligence and Security Act 1986 applies in relation to any personal information given or made available after the commencement of Division 1 or 4 of Part 3 of Schedule 2 (whether or not the information was obtained before or after that commencement).

Transferring complaints

(14)     Section 32AG of the Inspector-General of Intelligence and Security Act 1986 applies in relation to any complaints made after the commencement of Division 1 or 4 of Part 3 of Schedule 2 (whether the action to which the complaint relates was taken before or after that commencement).

Obtaining reports

(15)     The amendments of section 32A of the Inspector-General of Intelligence and Security Act 1986 made by Division 1 or 4 of Part 3 of Schedule 2 to this Act apply in relation to reports given on or after the commencement of that Division.

Giving directions and guidelines

(16)     The amendments of section 32B of the Inspector-General of Intelligence and Security Act 1986 apply in relation to any direction or guideline that is:

                     (a)  given after the commencement of Part 1 of Schedule 1, or Division 1 or 4 of Part 3 of Schedule 2; or

                     (b)  in force immediately before that commencement.

Evidential burden

(17)     Section 34B of the Inspector-General of Intelligence and Security Act 1986 applies in relation to prosecutions for offences commenced after the commencement of Division 1 of Part 3 of Schedule 2 (whether in relation to offences committed or alleged to be committed before or after that commencement).

2  Application—amendments of the Intelligence Services Act 2001 in Part 1 of Schedule 1

(1)       The amendments of the Intelligence Services Act 2001 made by Part 1 of Schedule 1 to this Act apply (subject to subitem (2)) in relation to the performance of any functions by AUSTRAC after the commencement of that Part.

(2)       The amendments of clause 7 of Schedule 1 to the Intelligence Services Act 2001 apply in relation to any report presented to a House of the Parliament after the commencement of that Part (whether in relation to information obtained before or after that commencement).

3  Application of amendments in Part 2 of Schedule 1

(1)       The amendments made by Part 2 of Schedule 1 to this Act apply (subject to this item) in relation to the making, disclosing or using (however described) of information, documents or records (however described) after the commencement of that Part (whether the information, documents or records were obtained before or after that time).

(2)       The amendments of section 19A of the Australian Crime Commission Act 2002 apply in relation to requests made after that commencement.

(3)       The amendments of subsection 25A(4), and subsection 25A(4A), of the Australian Crime Commission Act 2002 apply in relation to examinations conducted after that commencement.

(4)       Subsections 25A(14B) and (14C) of the Australian Crime Commission Act 2002 apply in relation to uses or disclosures of examination material after that commencement (whether the material was created or obtained before or after that commencement).

4  Application of amendments in Parts 1 and 2 of Schedule 2

(1)       The amendments made by Division 1 or 2 of Part 1 of Schedule 2 to this Act apply in relation to the making, disclosing or using (however described) of information, documents or records (however described) after the commencement of that Division (whether the information, documents or records were obtained before or after that time).

(2)       The amendments made by Division 1 or 2 of Part 2 of Schedule 2 apply in relation to inquiries under the Inspector-General of Intelligence and Security Act 1986 :

                     (a)  commenced after the commencement of that Division (whether in response to a complaint, a request or on the Inspector-General of Intelligence and Security’s own motion); and

                     (b)  into complaints made to the Inspector-General before the commencement of that Division (except in relation to action taken by ONI or DIO) if:

                              (i)  the Inspector-General has not completed any preliminary inquiries under section 14 of that Act before that time; or

                             (ii)  the Inspector-General has not made a decision on whether to commence an inquiry before that time;

whether the action to which the inquiry relates was taken before or after that commencement.

5  Application of certain amendments in Part 3 of Schedule 2

            The amendments of subsection 43(3) and sections 44, 50A and 52 of the Public Interest Disclosure Act 2013 made by Division 1, 3 or 4 of Part 3 of Schedule 2 apply in relation to public interest disclosures made after the commencement of that Division (whether in relation to conduct that occurred before or after that commencement).