Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:5_21a:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 5 cl 21A (pt 1/2)
Character Range: 350341–353034

21A  Voluntary assistance provided to the Organisation

Assistance provided in accordance with a request by the Director‑General
 (1) If:
 (a) the Director‑General requests a person or body to engage in conduct; and
 (b) the Director‑General is satisfied, on reasonable grounds, that the conduct is likely to assist the Organisation in the performance of its functions; and
 (c) the person engages in the conduct in accordance with the request; and
 (d) the conduct does not involve the person or body committing an offence against a law of the Commonwealth, a State or a Territory; and
 (e) the conduct does not result in significant loss of, or serious damage to, property;
the person or body is not subject to any civil liability for, or in relation to, the conduct.
 (2) A request under paragraph (1)(a) may be made orally if:
 (a) the Director‑General is satisfied that the request should be made as a matter of urgency; or
 (b) the Director‑General is satisfied that making the request in writing would be prejudicial to security; or
 (c) the Director‑General is satisfied that making the request in writing would be prejudicial to the operational security of the Organisation.
 (2A) If subsection (2) does not apply to a request under paragraph (1)(a), the request must be made in writing.
 (3) If a request under paragraph (1)(a) is made orally, the Director‑General must:
 (a) make a written record of the request; and
 (b) do so within 48 hours after the request was made.
 (3A) If a request is made under paragraph (1)(a), the Director‑General must, within 7 days after the request is made, notify the Inspector‑General of Intelligence and Security that the request has been made.
 (4) The Director‑General may enter into a contract, agreement or arrangement with a person or body in relation to conduct engaged in by the person or body in accordance with a request under paragraph (1)(a).

Unsolicited disclosure of information etc.
 (5) If:
 (a) a person or body engages in conduct that consists of, or is connected with:
 (i) giving information to the Organisation; or
 (ii) giving or producing a document to the Organisation; or
 (iii) making one or more copies of a document and giving those copies to the Organisation; and
 (b) the person reasonably believes that the conduct is likely to assist the Organisation in the performance of its functions; and
 (c) the conduct does not involve the person or body committing an offence against a law of the Commonwealth, a State or a Territory; and
 (d) the conduct does not result in significant loss of, or serious damage to, property; and
 (e) subsection (1) does not apply to the conduct;
the person or body is not subject to any