Document ID: chunk:federal_register_of_legislation:C2024C00645:section:11:p3
Version: federal_register_of_legislation:C2024C00645
Segment Type: section
Provision Reference: s 11 (pt 3/3)
Character Range: 38503–39846

46PZ and subsection 49(4C) of this Act, and Part IIIA of the Inspector‑General of Intelligence and Security Act 1986).
 (3A) Notwithstanding paragraph (1)(da), the functions of the Commission do not include inquiring into an intelligence agency's compliance with the positive duty in relation to sex discrimination.
 (3B) If the President reasonably suspects that an intelligence agency is not complying with the positive duty in relation to sex discrimination, the President must refer the matter to the Inspector‑General of Intelligence and Security.
 (3C) Notwithstanding paragraph (1)(db), the functions of the Commission do not include inquiring into a matter that may relate to systemic unlawful discrimination or suspected systemic unlawful discrimination of an intelligence agency.
 (4) A reference in any of subsections (3) to (3C) to an intelligence agency is a reference to the Australian Secret Intelligence Service, the Australian Security Intelligence Organisation, the Office of National Intelligence, the Australian Signals Directorate, that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation (including any part of the Defence Force that performs functions on behalf of that part of the Department) or that part of the Defence Department known as the Defence Intelligence Organisation.