Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:9_110zgq
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 9 cl 110ZGQ
Character Range: 511935–514262

110ZGQ  Arrangements for obtaining and protecting intelligence information

Arrangements
 (1) The Commissioner must take all reasonable steps to ensure that entrusted persons obtain, store, access, use and disclose intelligence information relating to an Australian intelligence entity for the purposes of a special inquiry only in accordance with an arrangement, between the Commissioner and the head of the entity, that deals with:
 (a) the manner in which entrusted persons obtain intelligence information relating to the entity; and
 (b) the protection of intelligence information relating to the entity while in the possession of entrusted persons; and
 (c) the disclosure by entrusted persons of intelligence information relating to the entity.
 (2) The Commissioner must take all reasonable steps to ensure that an arrangement is in force for the purposes of subsection (1) with the head of an Australian intelligence entity before obtaining intelligence information relating to the entity for the purposes of a special inquiry.
 (3) Subsections (1) and (2) apply despite any other provision of this Part.
 (4) Without limiting subsection (1), an arrangement may:
 (a) limit the circumstances in which intelligence information may be disclosed in a report under this Division; and
 (b) set out matters to which the Commissioner must have regard in disclosing intelligence information under section 110ZHP.
 (5) However, except as mentioned in paragraph (4)(a), an arrangement cannot prevent the exercise of the Commissioner's powers or the performance of the Commissioner's functions under any provision of this Part (including section 110ZHP).

Conduct of hearings
 (6) Despite subsection 110ZFD(2), if the Commissioner is satisfied that a person appearing at a hearing might disclose intelligence information:
 (a) the Commissioner may, subject to paragraph (b) of this subsection, conduct the hearing in public or private; and
 (b) the conduct of the hearing must be consistent with an arrangement entered into for the purposes of subsection (1) of this section with the Australian intelligence entity to which the information relates.

Arrangement is not a legislative instrument
 (7) If an arrangement is entered into for the purposes of subsection (1) in writing, the arrangement is not a legislative instrument.