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

Schedule 5   Application and transitional provisions for Schedules 1 and 2

1   Application - amendments of the Inspector-General of Intelligence and Security Act 1986 and the Office of National Intelligence Act 2018 in Part 1 of Schedule 1

General application provision

(1) The amendments of the Inspector-General of Intelligence and Security Act 1986, made by Part 1 of Schedule 1 to this Act, apply (subject to this item) in relation to:

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

(b) complaints made to the Inspector-General before the commencement of that Part 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; or

(iii) at least part of the complaint relates to functions of the Inspector-General before that time; and

(c) complaints made to the Ombudsman before, or within the period of 18 months after, the commencement of that Part that are transferred to the Inspector-General under item 5 of this Schedule;

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.

Information sharing

(3) Section 32AFA of the Inspector-General of Intelligence and Security Act 1986, as inserted by Part 1 of Schedule 1 to this Act, applies in relation to the disclosure of examination material after the commencement of that Part (whether the material was created or obtained before or after that commencement).

Obtaining reports

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

Giving directions and guidelines

(5) The amendments of section 32B of the Inspector-General of Intelligence and Security Act 1986, made by Part 1 of Schedule 1 to this Act, apply in relation to any direction or guideline that is:

(a) given after the commencement of that Part; or

(b) in force immediately before that commencement.

Briefing the PJCIS

(6) Section 32C of the Inspector-General of Intelligence and Security Act 1986 and section 18A of the Office of National Intelligence Act 2018, as inserted by Part 1 of Schedule 1 to this Act, apply from the first 1 January after that Part commences.