Freedom of Information Act 1982


Division 9 - Evidence by Inspector-General of Intelligence and Security  

SECTION 55ZD   Evidence by Inspector-General of Intelligence and Security - procedural matters  

This section applies for the purposes of enabling the Inspector-General of Intelligence and Security to comply with a request under section 55ZB.

The Information Commissioner must allow the Inspector-General to take possession of, and make copies of or take extracts from, any document given to the Information Commissioner for the purposes of the proceeding.

The Inspector-General may require the production of the following:

(a) the document that is claimed to be an exempt document under section 33 by the agency to which or the Minister to whom the request was made for access to the document;

(b) any document of an agency or official document of a Minister that relates to the document mentioned in subsection (2) by the agency or Minister.

The Inspector-General may make copies of, or take extracts from, the documents mentioned in subsection (3).

After the period that is reasonably necessary for the purposes of giving evidence to the Information Commissioner, the Inspector-General must:

(a) return the original copy of any document to the Information Commissioner or to the agency or Minister; and

(b) destroy any copies of or extracts taken from any document.

The Inspector-General must permit a person to inspect a document that the person would be entitled to inspect if the document were not held by the Inspector-General.

The Inspector-General must permit the person to inspect the document at all reasonable times.

The Information Commissioner must allow the Inspector-General a period within which to consider the documents mentioned in subsections (2) to (4) that is reasonable having regard to:

(a) the nature of the evidence that the Inspector-General has been requested to give; and

(b) the time required by the Inspector-General to perform the Inspector-General's other functions.

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