Document ID: chunk:federal_register_of_legislation:C2023A00023:clause:1_45a
Version: federal_register_of_legislation:C2023A00023
Segment Type: clause
Provision Reference: sch 1 cl 45A
Character Range: 22745–24906

45A  Conduct related to intelligence agencies and agencies with intelligence functions—notice to the IGIS

Scope
 (1) This section applies if:
 (a) an authorised officer receives a disclosure that is:
 (i) made to the authorised officer; or
 (ii) made to a supervisor of a public official and given to the authorised officer; and
 (b) the information disclosed concerns conduct alleged to be related to:
 (i) an intelligence agency; or
 (ii) ACIC or the Australian Federal Police in relation to that agency's intelligence functions.

Urgent notice within 1 business day
 (2) If the discloser declares to the authorised officer or supervisor that the disclosure is urgent, the authorised officer must, as soon as reasonably practicable and in any case within 1 business day after the disclosure is received by the authorised officer, give a written notice to the IGIS of the following matters:
 (a) the making of the disclosure;
 (b) the agency to which the authorised officer belongs;
 (c) that the discloser has declared that the disclosure is urgent;
 (d) the information that was disclosed;
 (e) the conduct that was disclosed;
 (f) if the discloser's name and contact details are known to the authorised officer, and the discloser consents to the IGIS being informed—the discloser's name and contact details.

Notice in other cases within 14 days
 (3) If the discloser does not declare that the disclosure is urgent, the authorised officer must, as soon as reasonably practicable before the end of 14 days after the disclosure is received by the authorised officer, give a written notice to the IGIS of the matters mentioned in paragraphs (2)(a), (b), (d), (e) and (f).

Subsequent notices
 (4) If the disclosure is investigated under Division 2, the principal officer of the agency to which the disclosure is allocated must give regular written notice to the IGIS about the following matters:
 (a) the progress of the investigation;
 (b) the anticipated time remaining before the investigation is completed;
 (c) the likelihood of any extension, or further extension, of the time for completion of the investigation being required under subsection 52(4).