Document ID: chunk:federal_register_of_legislation:C2025C00093:section:8:p1
Version: federal_register_of_legislation:C2025C00093
Segment Type: section
Provision Reference: s 8 (pt 1/5)
Character Range: 20072–22864

8  Intelligence agency inquiry functions of Inspector‑General

Intelligence agency inquiry functions in relation to ASIO
 (1) Subject to this section, the functions of the Inspector‑General in relation to ASIO are:
 (a) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General's own motion or in response to a complaint made to the Inspector‑General, to inquire into any matter that relates to:
 (i) the compliance by ASIO with the laws of the Commonwealth and of the States and Territories; or
 (ii) the compliance by ASIO with directions or guidelines given to ASIO by the responsible Minister; or
 (iii) the propriety of particular activities of ASIO; or
 (iv) the effectiveness and appropriateness of the procedures of ASIO relating to the legality or propriety of the activities of ASIO; or
 (v) an act or practice of ASIO that is or may be inconsistent with or contrary to any human right, that constitutes or may constitute discrimination, or that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and
 (b) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General's own motion, to inquire into the procedures of ASIO relating to redress of grievances of ASIO employees and ASIO affiliates; and
 (c) at the request of the Attorney‑General or the responsible Minister, to inquire into the action (if any) that should be taken to protect the rights of a person who is an Australian citizen or a permanent resident (within the meaning of the Australian Security Intelligence Organisation Act 1979) if:
 (i) ASIO has furnished a report to a Commonwealth agency (within the meaning of that Act) that may result in the taking of action that is adverse to the interests of the person; and
 (ii) the report could not be reviewed by the Intelligence and Security jurisdictional area of the Administrative Review Tribunal;
  and, in particular, to inquire into whether the person should be informed of the report and given an opportunity to make submissions in relation to the report; and
 (d) if the responsible Minister has given a direction to ASIO on the question whether:
 (i) the collection of intelligence concerning a particular individual is, or is not, justified by reason of its relevance to security; or
 (ii) the communication of intelligence concerning a particular individual would be for a purpose relevant to security;
  to inquire into whether that collection is justified on that ground or whether that communication would be for that purpose, as the case may be; and
 (e) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General's own motion,