Document ID: chunk:federal_register_of_legislation:C2025C00049:section:239
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 239
Character Range: 307352–310281

239  Arrangements for dealing with intelligence information

Arrangements between Commissioner and head of intelligence agency
 (1) The Commissioner must take all reasonable steps to ensure that:
 (a) at any time while the Commissioner or staff members of the NACC are obtaining, storing, accessing, using or disclosing intelligence information relating to an intelligence agency, an arrangement is in force between the Commissioner and the head of the intelligence agency in relation to such actions; and
 (b) any obtaining, storage, accessing, use or disclosure of intelligence information relating to the agency by the Commissioner or staff members of the NACC is done in accordance with the arrangement.
 (2) If, at a time, the Commissioner has taken all reasonable steps to ensure that an arrangement as mentioned in subsection (1) is in force with the head of an intelligence agency, the fact that an arrangement is not in force does not prevent the Commissioner or a staff member of the NACC from obtaining, storing, accessing, using or disclosing intelligence information relating to the agency at that time.

Arrangements between Inspector and head of intelligence agency
 (3) The Inspector must take all reasonable steps to ensure that:
 (a) at any time while the Inspector or persons assisting the Inspector are obtaining, storing, accessing, using or disclosing intelligence information relating to an intelligence agency, an arrangement is in force between the Inspector and the head of the intelligence agency in relation to such actions; and
 (b) any obtaining, storage, accessing, use or disclosure of intelligence information relating to the agency by the Inspector or persons assisting the Inspector is done in accordance with the arrangement.
 (4) If, at a time, the Inspector has taken all reasonable steps to ensure that an arrangement as mentioned in subsection (3) is in force with the head of an intelligence agency, the fact that an arrangement is not in force does not prevent the Inspector or a person assisting the Inspector from obtaining, storing, accessing, using or disclosing intelligence information relating to the agency at that time.

Effect of arrangements
 (5) An arrangement cannot prevent the exercise of the Commissioner or Inspector's powers, or the performance of the Commissioner or Inspector's functions, under this Act.

Intelligence information
 (6) Intelligence information is any information that:
 (a) was acquired or prepared by or on behalf of an intelligence agency in connection with its functions; or
 (b) relates to the performance by an intelligence agency of its functions; or
 (c) identifies a person as being, or having been, a staff member (within the meaning of the Intelligence Services Act 2001) or agent of the Australian Secret Intelligence Service or the Australian Security Intelligence Organisation.

Subdivision C—Arrangements relating to foreign nationals