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

Schedule 5   Application and transitional provisions for Schedules 1 and 2

4   Application of amendments in Part 2 of Schedule 1

General application - use and disclosure of information

(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).

ACIC functions

(2) The amendments of section 19A of the Australian Crime Commission Act 2002, made by Part 2 of Schedule 1 to this Act,apply in relation to requests made after the commencement of that Part.

(3) The amendments of subsections 25A(4) to (4C) of the Australian Crime Commission Act 2002, made by Part 2 of Schedule 1 to this Act, apply in relation to examinations conducted after the commencement of that Part.

(4) Subsection 25A(14B) of the Australian Crime Commission Act 2002, as inserted by Part 2 of Schedule 1 to this Act, applies in relation to uses or disclosures of examination material after the commencement of that Part (whether the material was created or obtained before or after that commencement).

(5) Despite the repeal of paragraphs 29B(2)(f) and (4)(d) of the Australian Crime Commission Act 2002 by Part 2 of Schedule 1 to this Act, those paragraphs continue to apply in relation to disclosures made during the period of 12 months beginning at the commencement of that Part.

AHRC functions

(6) The amendments of the Australian Human Rights Commission Act 1986,made by Part 2 of Schedule 1 to this Act, apply in relation to an act or practice that occurs after the commencement of that Part.

Reporting

(7) The amendments of sections 3ZZVL, 3ZZVM, 3ZZVN, 3ZZVR, 3ZZVS and 3ZZVU of the Crimes Act 1914, made by Part 2 of Schedule 1 to this Act, apply from the first 30 June that occurs after the commencement of that Part.

(8) The amendments of Part IAB of the Crimes Act 1914 (except sections 15HK and 15HW), made by Part 2 of Schedule 1 to this Act, apply from the first 30 June that occurs after the commencement of that Part.

Ombudsman functions

(9) The amendments of the Ombudsman Act 1976 made by Part 2 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; and

(b) complaints made to the Ombudsman before the commencement of that Part if:

(i) the Ombudsman has not completed any preliminary inquiries under section 7A of that Act before that time; or

(ii) the Ombudsman 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.

Note: Under item 5 of this Schedule, the Ombudsman may transfer complaints to the Inspector-General of Intelligence and Security after the commencement of Parts 1 and 2 of Schedule 1 to this Act.

(10) Subitem (9) 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.

Public interest disclosures

(11) The amendments of the Public Interest Disclosure Act 2013 made by Part 2, 4 or 5 of Schedule 1 apply in relation to public interest disclosures made after the commencement of that Part (whether in relation to conduct that occurred before or after that commencement).

Notifications and inspections

(12) The amendments of the Surveillance Devices Act 2004, made by Part 2 of Schedule 1 to this Act, apply in relation to:

(a) warrants issued after the commencement of that Part; and

(b) warrants issued before the commencement of that Part if:

(i) no notification has been given, in relation to the issue of the warrant, by that commencement; or

(ii) a thing is done under the warrant before or after that commencement, and no notification has been given, by that commencement.

(13) The amendments of the Telecommunications Act 1997, made by Part 2 of Schedule 1 to this Act, apply in relation to:

(a) requests or notices given, or declarations made, after the commencement of that Part; and

(b) requests or notices given, or declarations made, before the commencement of that Part if:

(i) no notification has been given, in relation to the giving of the request or notice or making of the declaration, by that commencement; or

(ii) the request or notice is extended, varied or revoked before or after that commencement, and no notification has been given, by that commencement; and

(c) reports relating to consultation notices, whether the notice was issued before or after the commencement of that Part.

(14) The amendments of the Telecommunications (Interception and Access) Act 1979, made by Part 2 of Schedule 1 to this Act, apply in relation to:

(a) warrants or orders issued after the commencement of that Part; and

(b) warrants or orders issued before the commencement of that Part if:

(i) no notification has been given, in relation to the issue of the warrant, by that commencement; and

(ii) a condition, restriction or provision relating to the warrant is contravened before or after that commencement, and no notification has been given, by that commencement.