Document ID: chunk:federal_register_of_legislation:C2013A00134:clause:1_8a
Version: federal_register_of_legislation:C2013A00134
Segment Type: clause
Provision Reference: sch 1 cl 8A
Character Range: 6128–7822

8A  Public interest disclosure functions of Inspector‑General
 (1) If:
 (a) a disclosure of information has been, or is required to be, allocated under section 43 of the Public Interest Disclosure Act 2013; and
 (b) some or all of the disclosable conduct with which the information is concerned relates (within the meaning of that Act) to an intelligence agency;
to the extent that the conduct so relates, it is taken, for the purposes of this Act, to be action that relates to the propriety of particular activities of the intelligence agency.
Note: The Inspector‑General's functions under section 8 include inquiring into the propriety of particular activities of intelligence agencies.
 (2) However, in determining whether the Inspector‑General is authorised to inquire into the matter under section 8, disregard subsection 8(4).
 (3) For the purposes of the application of this Act to the action:
 (a) the conduct is to be treated as if it were action taken by the intelligence agency; and
 (b) a public official who belongs (within the meaning of the Public Interest Disclosure Act 2013) to the intelligence agency is taken to be a member of the intelligence agency; and
 (c) the person who disclosed the information is taken, if the disclosure is allocated to the Inspector‑General, to have made a complaint to the Inspector‑General in respect of the action.
 (4) However, paragraph (3)(c) does not apply if:
 (a) the person is not an Australian citizen or permanent resident, and the intelligence agency is ASIS, DIGO or DSD; or
 (b) the intelligence agency is DIO or ONA.
 (5) It is immaterial whether the disclosable conduct occurred before or after the commencement of this section.