Document ID: chunk:federal_register_of_legislation:C2025C00093:section:34:p3
Version: federal_register_of_legislation:C2025C00093
Segment Type: section
Provision Reference: s 34 (pt 3/3)
Character Range: 96288–98169

section; and
 (c) if the information is obtained by the person because the person is performing functions or duties or exercising powers under this Act:
 (i) unless subparagraph (ii) applies—for the purposes of this Act; or
 (ii) if the information is obtained for the purposes of an investigation by the Inspector‑General under the Public Interest Disclosure Act 2013—for the purposes of that Act; and
 (ca) if the information is obtained by the person because the person is performing functions or duties or exercising powers under Division 9 of Part VII of the Freedom of Information Act 1982—for the purposes of that Division; and
 (d) if the information is obtained by the person because the person is performing functions or duties or exercising powers under section 60A of the Freedom of Information Act 1982—for the purposes of that section; and
 (e) if the information is obtained by the person because the person is performing functions or duties or exercising powers under section 50A of the Archives Act 1983—for the purposes of that section.

Section generally to apply despite other laws
 (5A) This section applies despite any other provision of a law of the Commonwealth unless that provision manifests a clear intention to apply despite this section (for example, by explicitly authorising or requiring an IGIS official to use or disclose information).
Note: A requirement in a law of the Commonwealth that applies generally to an APS employee, and does not refer explicitly to an IGIS official, would not manifest a clear intention to apply despite this section.
 (5B) This section applies despite any provision of a law of a State or Territory.

Definitions for this section
 (6) In this section:
court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
produce includes permit access to.