Document ID: chunk:federal_register_of_legislation:C2009A00099:clause:2_50a:p1
Version: federal_register_of_legislation:C2009A00099
Segment Type: clause
Provision Reference: sch 2 cl 50A (pt 1/2)
Character Range: 21943–24730

50A  Inspector‑General of Intelligence and Security must be requested to give evidence in certain proceedings
 (1) This section applies in any proceedings before the Tribunal under this Act in relation to a record that is claimed to be an exempt record for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b).
 (2) Before determining that the record is not an exempt record, the Tribunal must request the Inspector‑General of Intelligence and Security to appear personally and give evidence on:
 (a) the damage that could reasonably be expected to be caused to the security, defence or international relations of the Commonwealth if the record were made available for public access; or
 (b) whether making the record available for public access would constitute a breach of confidence by disclosing information or matter communicated in confidence by or on behalf of a foreign government, an authority of a foreign government or an international organisation to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth.
 (3) Before determining that part of, or a copy of part of, the record is to be made available for public access under section 38, the Tribunal must request the Inspector‑General to appear personally and give evidence on:
 (a) whether making that part, or a copy of that part, of the record available for public access could reasonably be expected to cause damage to the security, defence or international relations of the Commonwealth; or
 (b) whether making that part, or a copy of that part, of the record available for public access would constitute a breach of confidence by disclosing information or matter communicated in confidence by or on behalf of a foreign government, an authority of a foreign government or an international organisation to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth.
 (4) Before hearing the evidence of the Inspector‑General, the Tribunal must hear any evidence to be given or submissions to be made by or on behalf of:
 (a) the Archives; or
 (b) the Commonwealth institution of which the record is property.
 (5) The Inspector‑General must comply with a request under subsection (2) or (3) unless, in the opinion of the Inspector‑General, the Inspector‑General is not appropriately qualified to give evidence on the matters in relation to which the Inspector‑General has been requested to give evidence.
 (6) For the purposes of enabling the Inspector‑General to comply with a request under subsection (2) or (3):
 (a)