Document ID: chunk:federal_register_of_legislation:C2024C00855:section:50a:p1
Version: federal_register_of_legislation:C2024C00855
Segment Type: section
Provision Reference: s 50A (pt 1/3)
Character Range: 98652–101395

50A  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 in relation to review of a decision of the Archives in respect of access to a record that:
 (a) is claimed to be an exempt record for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b); 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 record of the Inspector‑General of Intelligence and Security.
 (2) Before determining that the record is not an exempt record, the Tribunal must request the Inspector‑General of Intelligence and Security to appear personally and give evidence on:
 (a) the damage that could reasonably be expected to be caused to the security, defence or international relations of the Commonwealth if the record were made available for public access; or
 (b) whether it would be reasonable to maintain the confidentiality of information or matter to which both of the following apply by not making the record available for public access:
 (i) the information or matter was communicated in confidence by, or on behalf of, a foreign government, an authority of a foreign government or an international organisation (the foreign entity) to the Government of the Commonwealth, to an authority of the Commonwealth or to a person who received the communication on behalf of the Commonwealth or an authority of the Commonwealth (the Commonwealth entity);
 (ii) the foreign entity advises the Commonwealth entity that the information or matter is still confidential.
 (3) Before determining that part of, or a copy of part of, the record is to be made available for public access under section 38, the Tribunal must request the Inspector‑General to appear personally and give evidence on:
 (a) whether making that part, or a copy of that part, of the record available for public access could reasonably be expected to cause damage to the security, defence or international relations of the Commonwealth; or
 (b) whether it would be reasonable to maintain the confidentiality of information or matter to which both of the following apply by not making that part, or a copy of that part, of the record available for public access:
 (i) the information or matter was communicated in confidence by, or on behalf of, a