Document ID: chunk:federal_register_of_legislation:C2023A00073:clause:3_1:p1
Version: federal_register_of_legislation:C2023A00073
Segment Type: clause
Provision Reference: sch 3 cl 1 (pt 1/2)
Character Range: 58840–61772

1  Application—main amendments of the Inspector‑General of Intelligence and Security Act 1986

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 inquiries under that Act:
 (a) commenced after the commencement of that Schedule (whether in response to a complaint, a request or on the Inspector‑General of Intelligence and Security's own motion); and
 (b) into complaints made to the Inspector‑General before the commencement of that Schedule (except in relation to action taken by ONI or DIO) 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;
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.

Appointments as Inspector‑General
(3) The amendments of section 30 of the Inspector‑General of Intelligence and Security Act 1986 made by Part 1 of Schedule 1 apply in relation to any appointment that is in force immediately before, or made after, the commencement of that Schedule.

Amendments relating to giving information etc.
(4) The amendments of section 18 of the Inspector‑General of Intelligence and Security Act 1986, apply in relation to any information or document given or produced, or question answered, after the commencement of Schedule 1 (whether in compliance with a notice given, or in relation to information or a document obtained, before or after that commencement).

Obligations on Inspector‑General
(5) Section 17A of the Inspector‑General of Intelligence and Security Act 1986 applies in relation to any inspection, preliminary inquiry or inquiry (as the case requires) begun after the commencement of Schedule 1.
(6) Despite the repeal of subsection 17(10) of the Inspector‑General of Intelligence and Security Act 1986 by Part 1 of Schedule 1, that subsection continues to apply, after the commencement of that Schedule, in relation to inquiries begun before that commencement, whether or not the opinion mentioned in that subsection was formed before or after that commencement.

Arrangements and agreements of Inspector‑General
(7) Sections 32AAC and 32AAD of the Inspector‑General of Intelligence and Security Act 1986 do not affect any arrangement or agreement that is made before the commencement of Schedule 1.
(8) Section 32AB of the Inspector‑General of Intelligence and Security Act 1986 applies in relation to any functions performed after the commencement of Schedule 1.

Protection for persons providing information
(9) Section 32AC of the Inspector‑General