Document ID: chunk:federal_register_of_legislation:C2025C00174:section:60a:p1
Version: federal_register_of_legislation:C2025C00174
Segment Type: section
Provision Reference: s 60A (pt 1/3)
Character Range: 243363–246173

60A  Inspector‑General of Intelligence and Security must be requested to give evidence in certain proceedings
 (1) This section applies in a proceeding before the Tribunal under this Act in relation to a document that:
 (a) is claimed to be an exempt document under section 33 (national security documents); and
 (b) relates directly or indirectly to:
 (i) the performance of the functions or duties, or the exercise of the powers, of a body mentioned in paragraph (a) of the definition of intelligence agency in subsection 3(1) of the Inspector‑General of Intelligence and Security Act 1986; or
 (ii) the performance of an intelligence function (within the meaning of that Act) of a body mentioned in paragraph (b) of that definition; and
 (c) is not a document of the Inspector‑General of Intelligence and Security.
 (2) Before determining that the document is not an exempt document under section 33, the Tribunal must request the Inspector‑General of Intelligence and Security to appear personally and give evidence on:
 (a) the damage that would, or could reasonably be expected to, be caused to:
 (i) the security of the Commonwealth; or
 (ii) the defence of the Commonwealth; or
 (iii) the international relations of the Commonwealth;
  if access to the document were given in accordance with the request; or
 (b) whether giving access to the document in accordance with the request would divulge any 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 an agency or Minister must grant access to a copy of the document with deletions, the Tribunal must request the Inspector‑General to appear personally and give evidence on:
 (a) the damage that would, or could reasonably be expected to, be caused to:
 (i) the security of the Commonwealth; or
 (ii) the defence of the Commonwealth; or
 (iii) the international relations of the Commonwealth;
  if the proposed deletions were not made; or
 (b) whether giving access to the document without the proposed deletions would divulge any 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