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Freedom of Information (Removal of Conclusive Certificates and Other Measures) Bill 2008 [2009]

Schedule 4 Inspector-General of Intelligence and Security Act 1986

   

1  Paragraph 34(1)(a)

After “acquired”, insert “under this Act”.

2  After subsection 34(1)

Insert:

       (1AA)  Subject to subsection (1A), a person who is, or has at any time been, the Inspector-General or a member of the staff of the Inspector-General or who is acting, or has at any time acted, as the Inspector-General or as a member of the staff of the Inspector-General must not, either directly or indirectly, except in the performance of his or her functions or duties or in the exercise of his or her powers under section 60A of the Freedom of Information Act 1982 :

                     (a)  make a record of, or divulge or communicate to any person, any information acquired under that section by reason of the person holding, or acting in, that office; or

                     (b)  make use of any such information.

Penalty:  $5,000 or imprisonment for 2 years, or both.

       (1AB)  Subject to subsection (1A), a person who is, or has at any time been, the Inspector-General or a member of the staff of the Inspector-General or who is acting, or has at any time acted, as the Inspector-General or as a member of the staff of the Inspector-General must not, either directly or indirectly, except in the performance of his or her functions or duties or in the exercise of his or her powers under section 50A of the Archives Act 1983 :

                     (a)  make a record of, or divulge or communicate to any person, any information acquired under that section by reason of the person holding, or acting in, that office; or

                     (b)  make use of any such information.

Penalty:  $5,000 or imprisonment for 2 years, or both.

3  Subsection 34(1A)

Omit “Subsection (1) does”, substitute “Subsections (1), (1AA) and (1AB) do”.

4  Paragraphs 34(1A)(a) and (b)

Omit “subsection (1)”, substitute “the subsection”.

5  Subsection 34(2)

After “subsection (1)”, insert “, (1AA) or (1AB)”.

6  Subsection 34(3)

After “subsection (1)”, insert “, (1AA) or (1AB)”.

7  Subsection 34(4)

After “subsection (1)”, insert “, (1AA) or (1AB)”.

8  Subsection 34(5)

Repeal the subsection, substitute:

             (5)  A person who is, or has at any time been, the Inspector-General or a member of the staff of the Inspector-General or who is acting, or has at any time acted, as the Inspector-General or as a member of the staff of the Inspector-General must not be required to:

                     (a)  produce in a court any document of which the person has custody, or to which the person has access, because the person is performing functions or duties or exercising powers under this Act, section 60A of the Freedom of Information Act 1982 or section 50A of the Archives Act 1983 ; or

                     (b)  divulge or communicate to a court any information obtained by the person because the person is performing those functions or duties or exercising those powers;

except where it is necessary to do so:

                     (c)  if the information is obtained by the person because the person is performing functions or duties or exercising powers under this Act—for the purposes of this Act; and

                     (d)  if the information is obtained by the person because the person is performing functions or duties or exercising powers under section 60A of the Freedom of Information Act 1982 —for the purposes of that section; and

                     (e)  if the information is obtained by the person because the person is performing functions or duties or exercising powers under section 50A of the Archives Act 1983 —for the purposes of that section.

9  Subsection 34(7)

Repeal the subsection.