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

6   After section 3

Insert:

3A Meaning of intelligence function

Meaning of intelligence function for AFP

(1) Intelligence function for AFP means:

(a) the collection, correlation, analysis, production and dissemination of intelligence by AFP to support the performance of its functions under paragraphs 8(1)(b), (baa), (bd), (be), (bf), (bg) and (bh) of the Australian Federal Police Act 1979; or

(b) the collection, correlation, analysis, production and dissemination of intelligence by AFP to support the performance of its functions under paragraph 8(1)(c) of the Australian Federal Police Act 1979 in relation to a function under any of the paragraphs of that Act mentioned in paragraph (a) of this subsection; or

(c) the collection, correlation, analysis, production and dissemination of intelligence obtained by AFP from the execution of a network activity warrant under Division 6 of Part 2 or Divisions 1 or 2 of Part 6 of the Surveillance Devices Act 2004; or

(d) a function or power conferred on a law enforcement officer of AFP by a Division referred to in paragraph (c).

(2) To avoid doubt, the functions mentioned in paragraphs (1)(a) and (b) of this section do not include:

(a) the arrest, charging or detention of suspected offenders; or

(b) the gathering of evidence, or any activity undertaken to directly support the gathering of evidence.

Meaning of intelligence function for AUSTRAC

(3) Intelligence function for AUSTRAC means the collection, correlation, analysis, production and dissemination of intelligence by AUSTRAC for the purposes of:

(a) the AUSTRAC CEO performing the CEO's financial intelligence functions under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006; or

(b) AUSTRAC, the AUSTRAC CEO or any other official of AUSTRAC referred to in paragraph 209(4)(c) of that Act performing functions incidental to that function.

Meaning of intelligence function for the Department of Home Affairs

(4) Intelligence function for the Department of Home Affairs has the meaning given by the regulations.

(5) Before the Governor-General makes regulations for the purposes of subsection (4), the Minister must:

(a) consult the Inspector-General; and

(b) be satisfied that the Inspector-General has had the opportunity to be briefed by the Department of Home Affairs in relation to the proposed regulations; and

(c) obtain the agreement of the responsible Minister for the Department of Home Affairs to the making of the regulations.

(6) The regulations may prescribe additional consultation or notification requirements in relation to changes to the intelligence functions of the Department of Home Affairs.

(7) If the Governor-General makes regulations for the purposes of subsection (4) or (6):

(a) the Minister must inform the Parliamentary Joint Committee on Intelligence and Security of the regulations; and

(b) the Parliamentary Joint Committee on Intelligence and Security may request a briefing on the regulations from one or more of the following:

(i) the Department of Home Affairs;

(ii) the Inspector-General.