Strengthening Oversight of the National Intelligence Community Act 2025 (75 of 2025)

Schedule 1   Amendments

Part 1   Main amendments

Inspector-General of Intelligence and Security Act 1986

32   After section 32AF

Insert:

32AFA Disclosure of ACIC examination material

(1) In this section, the following terms have the same meaning as in the Australian Crime Commission Act 2002:

(a) charged ;

(b) disclose ;

(c) examination material ;

(d) examinee ;

(e) imminent ;

(f) related offence ;

(g) special ACC investigation ;

(h) special ACC operation .

Note: For the examinee for examination material, see subsection 4B(3) of the Australian Crime Commission Act 2002.

(2) Before examination material is shared by the Inspector-General (except to an IGIS official), the Inspector-General must consider, and consult with the CEO of ACIC as to, whether that sharing:

(a) might prejudice a person's safety; or

(b) would reasonably be expected to prejudice the fair trial of the examinee for the examination material, if the examinee has been charged with a related offence or a charge for a related offence is imminent; or

(c) might prejudice the effectiveness of a special ACC operation or special ACC investigation.

Note 1: In addition to sections 32AEA and 32AF, the Inspector-General or an IGIS official may share information in the performance of functions or duties, or the exercise of powers, under this or another Act (for example, see section 34 of this Act).

Note 2: The recipient of examination material (except an IGIS official) commits an offence under subsection 25A(14A) of the Australian Crime Commission Act 2002 if the recipient uses or discloses the examination material in contravention of a direction about the examination material, given under subsection 25A(9) of that Act.