Document ID: chunk:federal_register_of_legislation:C2004A00552:clause:4_27aa:p2
Version: federal_register_of_legislation:C2004A00552
Segment Type: clause
Provision Reference: sch 4 cl 27AA (pt 2/3)
Character Range: 48016–50768

IGIS Act; or
 (v) in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, in a report to the responsible Minister, in relation to ASIO or employees of ASIO, under section 25A of the IGIS Act; and
 (b) the person must not, when he or she is no longer an IGIS officer, make a record of the information, or divulge or communicate the information, in any circumstances.

 (6) A person who is or has been an ASIO officer or IGIS officer and who obtained FTR information under this section must not be required:
 (a) to produce in a court any document containing FTR information; or
 (b) to divulge or communicate to any court any FTR information.

 (7) If a person who is or has been an ASIO officer or an IGIS officer makes a record of, or divulges or communicates, information in contravention of this section, the person is guilty of an offence against this section punishable, upon conviction, by imprisonment for not more than 2 years.

Note 1: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on an individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA.

Note 2: Subsections 27(6) to (13) deal with the use by a police officer of FTR information obtained from ASIO.

 (8) In this section:

ASIO means the Australian Security Intelligence Organisation.

ASIO officer means:
 (a) the Director‑General of Security; or
 (b) a person employed under paragraph 84(1)(a) or (b) of the Australian Security Intelligence Organisation Act 1979.

Director‑General of Security means the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979.

IGIS officer means:
 (a) the Inspector‑General of Intelligence and Security holding office under the Inspector‑General of Intelligence and Security Act 1986; or
 (b) a member of staff appointed to assist the Inspector‑General of Intelligence and Security under that Act.

police officer means:
 (a) a Commissioner of the Australian Federal Police; or
 (b) a member or special member of the Australian Federal Police; or
 (c) an officer, employee or other person under the control of the Commissioner of the Australian Federal Police.

responsible Minister means the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979.

 (9) Without prejudice to its effect apart from this subsection, this section also has effect as if