Commonwealth: Inspector-General of Intelligence and Security Act 1986 (Cth)

Inspector‑General of Intelligence and Security Act 1986 No. 101, 1986 Compilation No. 44 Compilation date: 15 February 2025 Includes amendments: Act No. 7, 2025 About this compilation This compilation This is a compilation of the Inspector-General of Intelligence and Security Act 1986 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Objects of Act 5 Application of Act 5A Application of the Criminal Code Part II—Inspector‑General Division 1—Establishment and functions of Inspector‑General 6 Inspector‑General of Intelligence and Security 6AA The Office of the Inspector‑General of Intelligence and Security 6A Acting Inspector‑General 7 Appointment of Judge as Inspector‑General not to affect tenure etc. 8 Intelligence agency inquiry functions of Inspector‑General 8A Public interest disclosure functions of Inspector‑General 9 Additional inquiry functions of Inspector‑General 9AA Limits on the Inspector‑General's functions 9A Inspection functions of Inspector‑General 9B Power to enter places relating to questioning warrants Division 2—Complaints 10 Form of complaints 11 Inquiry into complaint 12 Procedure if complaint not pursued 13 Special arrangements for persons in custody Division 2A—Preliminary inquiries 14 Preliminary inquiries Division 3—Inquiries Subdivision A—Obligations before commencing an inquiry 15 Inspector‑General to inform certain persons before commencing an inquiry Subdivision B—Conduct of inquiries 17 Conduct of inquiries 17A Obligation when evidence of breach of duty or misconduct Subdivision C—General powers in relation to inquiries 18 Power to obtain information and documents 19 Entry to premises occupied by a Commonwealth agency 19A Power to enter places relating to questioning warrants Division 4—Reports 20A Reports under this Act and other Acts 21 Draft reports relating to inquiries 22 Reports relating to inquiries given to Commonwealth agency head etc. 23 Advice to complainant 24 Action as a result of reports—general 24A Action as a result of certain reports relating to heads of Commonwealth agencies 25 Reports concerning collection or communication of intelligence 25A Reports relating to other inspections 25B Reports relating to preliminary inquiries Part III—Administrative Provisions 26 Terms and conditions of appointment 27 Remuneration and allowances 28 Leave of absence 29 Resignation 30 Termination of appointment 32 Staff 32AAA Consultants 32AAB Contracted service providers 32AAC Secondment of employees of Inspector‑General 32AAD Secondment of persons to the Inspector‑General 32AA Delegation Part IIIA—Relationships with other agencies and information sharing Division 1—Avoiding duplication of oversight 32AB Avoiding duplication of oversight Division 2—Sharing information with the Inspector‑General 32AC Protection for persons providing information voluntarily to the Inspector‑General 32AD Security of Commonwealth agency information and documents 32AE Authorisation for the purposes of the Privacy Act 1988 Division 3—Information sharing by the Inspector‑General 32AF Information sharing with integrity bodies 32AG Transferring complaints to other integrity bodies 32AH Complaints transferred by integrity bodies Part IV—Miscellaneous 32A Inspector‑General may obtain reports 32B Minister to give directions and guidelines to Inspector‑General 33 Protection from civil actions 34 Secrecy 34AA Disclosure of IPO information to the Ombudsman and the Australian Designated Authority etc. 34AB Disclosure of information or documents to the National Anti‑Corruption Commission 34A Information and documents may be given to Royal Commissioners 34C No evidential burden for IGIS officials in relation to defences to secrecy offences 35 Annual report 36 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for the appointment of an Inspector‑General of Intelligence and Security, and for related purposes Part I—Preliminary 1 Short title This Act may be cited as the Inspector‑General of Intelligence and Security Act 1986. 2 Commencement This Act commences on the day fixed under subsection 2(1) of the Australian Security Intelligence Organization Amendment Act 1986. 3 Interpretation (1) In this Act, unless the contrary intention appears: ACIC means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002. adverse security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979. AGO means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation, and any part of the Defence Force that performs functions on behalf of that part of the Department. APS Code of Conduct means the rules in section 13 of the Public Service Act 1999. ASD means the Australian Signals Directorate. ASIO means the Australian Security Intelligence Organisation continued in existence by the Australian Security Intelligence Organisation Act 1979. ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979. ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979. ASIS means the Australian Secret Intelligence Service. Australia, when used in a geographical sense, includes the external Territories. CEO of ACIC means the Chief Executive Officer of ACIC. Commonwealth agency means the following: (a) a Department of State, or an Agency within the meaning of the Public Service Act 1999; (b) the Australian Defence Force; (c) an intelligence agency; (d) a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth; (e) the holder of an office established for public purposes by or under a law of the Commonwealth; (f) a body, whether incorporated or not, declared to be a Commonwealth agency by a legislative instrument made under subsection (4). contracted service provider, for an IGIS contract, means: (a) a person who is a party to the IGIS contract and who is responsible for the provision of services to the Inspector‑General under the IGIS contract; or (b) a subcontractor for the IGIS contract. Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903. DIO means that part of the Defence Department known as the Defence Intelligence Organisation. disclosable conduct has the same meaning as in the Public Interest Disclosure Act 2013. discrimination has the same meaning as in the Australian Human Rights Commission Act 1986. employee, in relation to a Commonwealth agency, means a person who is employed, whether in a permanent or temporary capacity, in the agency. head means: (a) in relation to ASIO—the Director‑General of Security; or (b) in relation to ASIS—the Director‑General of ASIS; or (ba) in relation to ASD—the Director‑General of ASD; or (c) in relation to AGO—the Director of AGO; or (d) in relation to DIO—the Director of DIO; or (e) in relation to ACIC—the CEO of ACIC; or (ea) in relation to the Australian Federal Police—the Commissioner of Police; or (f) in relation to ONI—the Director‑General of National Intelligence; or (g) in relation to any other Commonwealth agency: (i) in the case of a Department of State—the Secretary of the Department; or (ii) otherwise—the person holding, or performing the duties of, the principal office in respect of the agency. human rights has the same meaning as in the Australian Human Rights Commission Act 1986. IGIS contract means a contract, to which the Inspector‑General is a party, under which services are to be, or were to be, provided to the Inspector‑General. IGIS official (short for Inspector‑General of Intelligence and Security official) means: (a) the Inspector‑General; or (b) any other person covered by subsection 32(1). Information Commissioner: see section 3A of the Australian Information Commissioner Act 2010. Inspector‑General means the Inspector‑General of Intelligence and Security. Inspector‑General ADF means the Inspector‑General of the Australian Defence Force referred to in section 110B of the Defence Act 1903. integrity body: (a) means any of the following: (i) the Ombudsman; (ii) the Australian Human Rights Commission; (iii) the Information Commissioner; (iv) the National Anti‑Corruption Commissioner; (iva) the Inspector of the National Anti‑Corruption Commission; (v) the Inspector‑General ADF; and (b) for a complaint—has the meaning given by paragraph 11(4A)(a). intelligence agency means: (a) ASIO, ASIS, AGO, DIO, ASD or ONI; or (b) the following agencies that have an intelligence function: (i) the Australian Federal Police; (ii) ACIC. intelligence function: (a) for ACIC—means: (i) the collection, correlation, analysis, production and dissemination of intelligence obtained by ACIC from the execution of a network activity warrant; or (ii) the performance of a function, or the exercise of a power, conferred on a law enforcement officer of ACIC by the network activity warrant provisions of the Surveillance Devices Act 2004; or (b) for the Australian Federal Police—means: (i) the collection, correlation, analysis, production and dissemination of intelligence obtained by the Australian Federal Police from the execution of a network activity warrant; or (ii) the performance of a function, or the exercise of a power, conferred on a law enforcement officer of the Australian Federal Police by the network activity warrant provisions of the Surveillance Devices Act 2004. Judge means: (a) a Judge of a court created by the Parliament or of a court of a State or of the Northern Territory (other than a Judge or acting Judge of the Local Court of the Northern Territory); or (b) a person who has the same designation and status as a Judge of a court created by the Parliament. law enforcement officer, when used in relation to the Australian Federal Police or ACIC, has the same meaning as in the Surveillance Devices Act 2004. member, in relation to a Commonwealth agency, means: (a) an employee of the agency; or (b) a person who is authorised to perform any of the functions of the agency on behalf of the agency. network activity warrant has the same meaning as in the Surveillance Devices Act 2004. network activity warrant provisions of the Surveillance Devices Act 2004 means: (a) Division 6 of Part 2 of that Act; or (b) the remaining provisions of that Act so far as they relate to network activity warrants. Ombudsman means the Commonwealth Ombudsman. ONI means the Office of National Intelligence. ONI Act employee means a member of the staff of ONI employed under subsection 33(3) of the Office of National Intelligence Act 2018. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). positive duty in relation to sex discrimination means section 47C of the Sex Discrimination Act 1984. Public Service Act ONI employee means a member of the staff of ONI engaged under the Public Service Act 1999. qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979. responsible Minister, in relation to a Commonwealth agency, means: (a) in the case of an agency established or continued in existence by an Act—the Minister administering that Act, or the part of the Act that establishes the agency or continues the agency in existence; or (b) in any other case—the Minister having general responsibility for the activities of the agency. security has the same meaning as in the Australian Security Intelligence Organisation Act 1979. subcontractor, for an IGIS contract, means a person: (a) who is a party to a contract (the subcontract): (i) with a contracted service provider for the IGIS contract (within the meaning of paragraph (a) of the definition of contracted service provider); or (ii) with a subcontractor for the IGIS contract (under a previous application of this definition); and (b) who is responsible under the subcontract for the provision of services to the Inspector‑General, or to a contracted service provider for the IGIS contract, for the purposes (whether direct or indirect) of the IGIS contract. (2) In this Act, unless the contrary intention appears, a reference to the taking of action includes a reference to: (a) the making of a decision or recommendation; and (b) the failure or refusal to take any action or to make a decision or recommendation. (3) For the purposes of this Act, action that is taken by a member of a Commonwealth agency is deemed to be taken by the agency if the member takes the action in his or her capacity as a member of the agency, whether or not: (a) the action is taken for or in connection with, or is incidental to, the performance of the functions of the agency; or (b) the taking of the action is within the duties of the member. (4) The Attorney‑General may, by legislative instrument, declare a body to be a Commonwealth agency for the purposes of paragraph (f) of the definition of that expression in subsection (1). 4 Objects of Act The objects of this Act are: (a) to assist Ministers in the oversight and review of: (i) the compliance with the law by, and the propriety of particular activities of, Australian intelligence agencies; and (ii) the effectiveness and appropriateness of the procedures of those agencies relating to the legality or propriety of their activities; and (iii) certain other aspects of the activities and procedures of certain of those agencies; and (b) to assist Ministers in ensuring that the activities of those agencies are consistent with human rights; and (ba) to assist Ministers in investigating intelligence or security matters relating to Commonwealth agencies, including agencies other than intelligence agencies; and (c) to allow for review of certain directions given to ASIO by the responsible Minister for ASIO; and (d) to assist the Government in assuring the Parliament and the public that intelligence and security matters relating to Commonwealth agencies are open to scrutiny, in particular the activities and procedures of intelligence agencies. 5 Application of Act This Act applies both within and outside Australia and extends to every external Territory. 5A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II—Inspector‑General Division 1—Establishment and functions of Inspector‑General 6 Inspector‑General of Intelligence and Security (1) There is to be an Inspector‑General of Intelligence and Security. (2) The Inspector‑General is to be appointed by the Governor‑General. Consultation requirement (3) Before a recommendation is made to the Governor‑General for the appointment of a person as Inspector‑General, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives. Limitation on appointment of Inspector‑General (3A) A person must not be appointed as Inspector‑General if the person is, or the person's most recent position was, the head or a deputy head (however described) of an intelligence agency. Arrangements with States and Territories (4) The Governor‑General may, for the purpose of appointing to the office of Inspector‑General a person who is the holder of a judicial office of a State or of the Northern Territory, enter into such arrangement with the Governor of that State or the Administrator of that Territory, as the case may be, as is necessary to secure that person's services. (5) An arrangement under subsection (4) may provide for the Commonwealth to reimburse a State or the Northern Territory with respect to the services of the person to whom the arrangement relates. 6AA The Office of the Inspector‑General of Intelligence and Security For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the following group of persons is a listed entity: (i) the Inspector‑General; (ii) a person covered by subsection 32(1) of this Act; and (b) the listed entity is to be known as the Office of the Inspector‑General of Intelligence and Security; and (c) the Inspector‑General is the accountable authority of the Office of the Inspector‑General of Intelligence and Security; and (d) the persons referred to in paragraph (a) are officials of the Office of the Inspector‑General of Intelligence and Security; and (e) the purposes of the Office of the Inspector‑General of Intelligence and Security include the functions of the Inspector‑General referred to in sections 8, 9 and 9A. 6A Acting Inspector‑General (1) The Attorney‑General may appoint a person to act as the Inspector‑General: (a) during a vacancy in the office of Inspector‑General; or (b) during any period, or during all periods, when the Inspector‑General is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. (2) Before the Attorney‑General appoints a person to act as the Inspector‑General, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives about the appointment. 7 Appointment of Judge as Inspector‑General not to affect tenure etc. (1) A person's tenure as the holder of a judicial office and the person's rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of the judicial office are not affected by: (a) the appointment of the person as the Inspector‑General or to act as the Inspector‑General; or (b) service by the person as the Inspector‑General or while acting as Inspector‑General; and, for all purposes, the person's service as Inspector‑General must be taken to be service as the holder of that judicial office. (2) In this section, judicial office means: (a) an office of judge of a court created by the Parliament; or (b) an office the holder of which has, by virtue of holding that office, the same status as a judge of a court created by the Parliament. 8 Intelligence agency inquiry functions of Inspector‑General Intelligence agency inquiry functions in relation to ASIO (1) Subject to this section, the functions of the Inspector‑General in relation to ASIO are: (a) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General's own motion or in response to a complaint made to the Inspector‑General, to inquire into any matter that relates to: (i) the compliance by ASIO with the laws of the Commonwealth and of the States and Territories; or (ii) the compliance by ASIO with directions or guidelines given to ASIO by the responsible Minister; or (iii) the propriety of particular activities of ASIO; or (iv) the effectiveness and appropriateness of the procedures of ASIO relating to the legality or propriety of the activities of ASIO; or (v) an act or practice of ASIO that is or may be inconsistent with or contrary to any human right, that constitutes or may constitute discrimination, or that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and (b) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General's own motion, to inquire into the procedures of ASIO relating to redress of grievances of ASIO employees and ASIO affiliates; and (c) at the request of the Attorney‑General or the responsible Minister, to inquire into the action (if any) that should be taken to protect the rights of a person who is an Australian citizen or a permanent resident (within the meaning of the Australian Security Intelligence Organisation Act 1979) if: (i) ASIO has furnished a report to a Commonwealth agency (within the meaning of that Act) that may result in the taking of action that is adverse to the interests of the person; and (ii) the report could not be reviewed by the Intelligence and Security jurisdictional area of the Administrative Review Tribunal; and, in particular, to inquire into whether the person should be informed of the report and given an opportunity to make submissions in relation to the report; and (d) if the responsible Minister has given a direction to ASIO on the question whether: (i) the collection of intelligence concerning a particular individual is, or is not, justified by reason of its relevance to security; or (ii) the communication of intelligence concerning a particular individual would be for a purpose relevant to security; to inquire into whether that collection is justified on that ground or whether that communication would be for that purpose, as the case may be; and (e) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General's own motion, to inquire into any matter that may relate to compliance by ASIO with the positive duty in relation to sex discrimination. Intelligence agency inquiry functions in relation to ASIS, AGO or ASD (2) Subject to this section, the functions of the Inspector‑General in relation to ASIS, AGO or ASD are: (a) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General's own motion or in response to a complaint made to the Inspector‑General by a person who is an Australian citizen or a permanent resident (within the meaning of the Intelligence Services Act 2001), to inquire into any matter that relates to: (i) the compliance by that agency with the laws of the Commonwealth and of the States and Territories; or (ii) the compliance by that agency with directions or guidelines given to that agency by the responsible Minister; or (iii) the propriety of particular activities of that agency; or (iv) an act or practice of that agency that is or may be inconsistent with or contrary to any human right, that constitutes or may constitute discrimination, or that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and (b) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General's own motion, to inquire into the procedures of that agency relating to redress of grievances of employees of that agency; and (c) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General's own motion, to inquire into the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency; and (d) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General's own motion, to inquire into any matter that may relate to compliance by ASIS, AGO or ASD with the positive duty in relation to sex discrimination. Intelligence agency inquiry functions in relation to DIO or ONI (3) Subject to this section, the functions of the Inspector‑General in relation to DIO or ONI are: (a) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General's own motion, or in response to a complaint made to the Inspector‑General by a person who is an Australian citizen or a permanent resident, to inquire into any matter that relates to: (i) the compliance by that agency with the laws of the Commonwealth and of the States and Territories; or (ii) the compliance by that agency with directions or guidelines given to that agency by the responsible Minister; or (iii) the propriety of particular activities of that agency; and (aa) at the request of the Attorney‑General or the responsible Minister, or of the Inspector‑General's own motion, to inquire into any matter that relates to the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency; and (b) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General's own motion, or in response to a complaint made to the Inspector‑General by a person who is an Australian citizen or a permanent resident, to inquire into any matter that relates to an act or practice of that agency: (i) that is or may be inconsistent with or contrary to any human right; or (ii) that constitutes or may constitute discrimination; or (iii) that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and (ba) at the request of the Attorney‑General or the responsible Minister, or of the Inspector‑General's own motion, to inquire into any matter that relates to the procedures of that agency relating to redress of grievances of employees of that agency; and (c) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General's own motion, to inquire into any matter in relation to the statutory independence of ONI; and (d) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General's own motion, to inquire into any matter that may relate to compliance by DIO or ONI with the positive duty in relation to sex discrimination. (3AA) In subsection (3), permanent resident has the same meaning as in: (a) if the agency is DIO—the Intelligence Services Act 2001; and (b) if the agency is ONI—the Office of National Intelligence Act 2018. Intelligence agency inquiry functions in relation to ACIC or the Australian Federal Police (3A) Subject to this section, the functions of the Inspector‑General in relation to ACIC or the Australian Federal Police are: (a) at the request of the Attorney‑General or the responsible Minister; or (b) of the Inspector‑General's own motion; or (c) in response to a complaint made to the Inspector‑General; to inquire into any of the following matters, to the extent that the matter relates to an intelligence function of that agency: (d) the compliance by that agency with the laws of the Commonwealth and of the States and Territories; (e) the compliance by that agency with directions or guidelines given to that agency by the responsible Minister; (f) the propriety of particular activities of that agency; (g) the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency; (h) any matter that relates to an act or practice of that agency: (i) that is or may be inconsistent with or contrary to any human right; or (ii) that constitutes or may constitute discrimination; or (iii) that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; (i) in relation to ACIC—the compliance by that agency with: (i) directions or guidelines given to that agency; or (ii) policies or other decisions made; by the Board of ACIC or the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002. (3B) The functions of the Inspector‑General under subsection (3A) do not include inquiring into any action taken by an examiner (within the meaning of the Australian Crime Commission Act 2002) of ACIC in performing functions or exercising powers as an examiner. Intelligence agency inquiry functions in relation to complaints about employment, contracts and related matters (5) The functions of the Inspector‑General under subsections (1), (2), (3) and (3A) do not include inquiring into a matter to which a complaint to the Inspector‑General made by an employee of AGO, DIO, ACIC, the Australian Federal Police or by a Public Service Act ONI employee relates to the extent that the matter is directly related to: (a) the promotion, termination of appointment, discipline or remuneration of the employee by the agency; or (b) another matter relating to the agency's employment of the employee. (6) The functions of the Inspector‑General include inquiring into a matter to which a complaint to the Inspector‑General made by an ASIO employee, an ASIS employee, an ONI Act employee or an ASD employee relates to the extent that the matter is directly related to: (a) the promotion, termination of appointment, discipline or remuneration of the employee by ASIO, ASIS, ONI or ASD; or (b) another matter relating to the employment of the employee by ASIO, ASIS, ONI or ASD. (7) However, the Inspector‑General must not inquire into a matter referred to in subsection (6) to the extent that the employee can have the matter reviewed by a body constituted by, or including, persons other than: (a) for an ASIO employee—the Director‑General of Security, ASIO employees or ASIO affiliates; and (b) for an ASIS employee—the Director‑General of ASIS or ASIS employees; and (ba) for an ONI Act employee: (i) the Director‑General of National Intelligence; or (ii) ONI Act employees; or (iii) Public Service Act ONI employees; and (c) for an ASD employee—the Director‑General of ASD or ASD employees. Note: See also subsection 11(5) for when the Inspector‑General may decide not to inquire into a matter referred to in subsection (6) of this section. (8) The functions of the Inspector‑General include inquiring into a matter to which a complaint to the Inspector‑General made by an ASIO affiliate relates to the extent that the matter is related to: (a) the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for ASIO; or (b) the performance of functions or services by the ASIO affiliate under the contract, agreement or other arrangement. (8A) However, the Inspector‑General may decide not to inquire into a matter referred to in subsection (8) if the Inspector‑General is satisfied that the ASIO affiliate can have the matter reviewed by a body constituted by, or including, persons other than the Director‑General of Security, ASIO employees or ASIO affiliates. Note: See also subsection 11(6) for when the Inspector‑General may decide not to inquire into a matter referred to in subsection (8) of this section. Functions conferred by other Acts (9) The Inspector‑General may perform functions conferred on the Inspector‑General by another Act. 8A Public interest disclosure functions of Inspector‑General (1) If: (a) a disclosure of information has been, or is required to be, allocated under section 43 of the Public Interest Disclosure Act 2013; and (b) some or all of the disclosable conduct with which the information is concerned relates (within the meaning of that Act) to an intelligence agency (within the meaning of this Act); and (c) if the intelligence agency is ACIC or the Australian Federal Police—the conduct relates to that agency's intelligence functions; to the extent that the conduct so relates as described in paragraph (b), it is taken, for the purposes of this Act, to be action that relates to the propriety of particular activities of the intelligence agency. Note: The Inspector‑General's functions under section 8 include inquiring into the propriety of particular activities of intelligence agencies. (3) For the purposes of the application of this Act to the action: (a) the conduct is to be treated as if it were action taken by the intelligence agency; and (b) a public official who belongs (within the meaning of the Public Interest Disclosure Act 2013) to the intelligence agency is taken to be a member of the intelligence agency; and (c) the person who disclosed the information is taken, if the disclosure is allocated to the Inspector‑General, to have made a complaint to the Inspector‑General in respect of the action. (4) However, paragraph (3)(c) does not apply if: (a) the intelligence agency is ASIS, ASD, AGO, DIO or ONI; and (b) the person is not an Australian citizen, or a permanent resident within the meaning of: (i) for ASIS, ASD, AGO or DIO—paragraph (a) of the definition of permanent resident in subsection 3(1) of the Intelligence Services Act 2001; or (ii) for ONI—paragraph (a) of the definition of permanent resident in subsection 4(1) of the Office of National Intelligence Act 2018. (5) It is immaterial whether the disclosable conduct occurred before or after the commencement of this section. 9 Additional inquiry functions of Inspector‑General Intelligence agencies (1) The Prime Minister may request the Inspector‑General to inquire into a matter relating to an intelligence agency. (2) The Inspector‑General must comply with a request under subsection (1) if inquiring into the matter is within the functions of the Inspector‑General referred to in section 8 (whether those functions may be performed following a request by a Minister or otherwise). Commonwealth agencies (3) The Prime Minister may request the Inspector‑General to inquire into an intelligence or security matter relating to a Commonwealth agency. (4) The Inspector‑General must comply with a request under subsection (3). 9AA Limits on the Inspector‑General's functions The Inspector‑General must not, in the performance of his or her functions under section 8 or 9: (b) inquire into action taken by a Minister except to the extent necessary to perform the functions of the Inspector‑General referred to in subparagraphs 8(1)(a)(ii), 8(2)(a)(ii) and 8(3)(a)(ii) and paragraphs 8(1)(d) and 8(3A)(e); or (ba) inquire into action taken by the Board of ACIC or the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002 except to the extent necessary to perform the functions of the Inspector‑General referred to in paragraph 8(3A)(i); or (c) inquire into a matter, other than a matter that is referred to the Inspector‑General under subsection 65(1A) of the Australian Security Intelligence Organisation Act 1979, that is, or could be, the subject of a review by the Intelligence and Security jurisdictional area of the Administrative Review Tribunal. 9A Inspection functions of Inspector‑General (1) The functions of the Inspector‑General in relation to an intelligence agency include conducting, at such times as the Inspector‑General determines in consultation with the head of the agency, such other inspections of the agency as the Inspector‑General considers appropriate for the purpose of giving effect to the objects of this Act. (2) For the purposes of conducting an inspection of an intelligence agency under subsection (1), the Inspector‑General or a member of staff assisting the Inspector‑General referred to in paragraph 32(1)(a): (a) may, at all reasonable times, enter and remain on any premises (including any land or place) (except premises occupied in another country by ASIS); and (b) may, at all reasonable times, enter and remain on any premises (including any land or place) occupied in another country by ASIS if the Director‑General of ASIS and the Inspector‑General have made arrangements relating to entry under this section; and (c) is entitled to all reasonable facilities and assistance that the head of the agency is capable of providing; and (d) is entitled to full and free access at all reasonable times to any information, documents or other property of the agency; and (e) may examine, make copies of or take extracts from any information or documents. 9B Power to enter places relating to questioning warrants For the purposes of an inspection under section 9A, the Inspector‑General may, after notifying the Director‑General of Security: (a) enter any place where a person is being questioned or apprehended in relation to a warrant issued under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979; and (b) do so at any reasonable time. Division 2—Complaints 10 Form of complaints (1) Subject to subsection (2), a complaint may be made to the Inspector‑General orally or in writing. Note 1: A complaint is taken to have been made under this Act if all or part of the complaint is transferred to the Inspector‑General by an integrity body (see section 32AH of this Act). Note 2: See also Part IIIA which deals with relationships with other agencies and information sharing. (2) If a complaint is made orally to the Inspector‑General, the Inspector‑General must: (a) put the complaint in writing; or (b) require the complainant to put the complaint in writing and, if such a requirement is made and the complainant does not put the complaint in writing, the Inspector‑General may refuse to inquire into the complaint, or to inquire into the complaint further, until the complainant puts the complaint in writing. 11 Inquiry into complaint Requirement to inquire into certain complaints (1) If: (a) a complaint is made to the Inspector‑General in respect of action taken by an intelligence agency; and (b) inquiring into the action in response to a complaint is within the functions of the Inspector‑General referred to in section 8; the Inspector‑General must, subject to this section, inquire into the action. When inquiry or further inquiry into complaints is not required (2) If a complaint is made to the Inspector‑General in respect of action taken by an intelligence agency, the Inspector‑General may decide not to inquire into the action or, if the Inspector‑General has commenced to inquire into the action, decide not to inquire into the action further if the Inspector‑General is satisfied that: (a) the complainant became aware of the action more than 12 months before the complaint was made; (b) the complaint is frivolous or vexatious or was not made in good faith; or (c) having regard to all the circumstances of the case, an inquiry, or further inquiry, into the action is not warranted. (3) If a complainant has exercised or exercises a right to cause the action to which a complaint relates to be reviewed by a court or a tribunal, the Inspector‑General must not inquire into, or continue to inquire into, the action unless the Inspector‑General is of the opinion that there are special reasons for doing so. (4) If the Inspector‑General is of the opinion that a complainant has or had a right to cause action to which a complaint relates to be reviewed by a court or a tribunal but has not exercised that right, the Inspector‑General may decide not to inquire into the action or not to inquire into the action further if, in the opinion of the Inspector‑General, it would be reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right. (4A) Without limiting paragraph (2)(c), the Inspector‑General may decide not to inquire into, or not to inquire further into, a complaint or part of a complaint in relation to action taken by an intelligence agency if: (a) a complaint in respect of the action has been, or could have been, made by the complainant to any of the following persons or bodies (the integrity body for the complaint): (i) the Ombudsman; (ii) the Australian Human Rights Commission, under Division 3 of Part II (human rights complaints) or Part IIB (unlawful discrimination complaints) of the Australian Human Rights Commission Act 1986; (iii) the Information Commissioner under Part V of the Privacy Act 1988; (iv) the National Anti‑Corruption Commissioner; (iva) the Inspector of the National Anti‑Corruption Commission; (v) the Inspector‑General ADF; and (b) the Inspector‑General is satisfied that the subject matter of the complaint or the part of the complaint could be more effectively or conveniently dealt with by the integrity body for the complaint. Note: The complaint or part of the complaint may be transferred to the integrity body for the complaint under section 32AG. Inquiries into complaints about employment, contracts and related matters (5) The Inspector‑General must not inquire into the matters to which a complaint of the kind referred to in subsection 8(6) relates in respect of action taken by an intelligence agency if the Inspector‑General is satisfied that: (a) the procedures of that agency relating to redress of grievances of ASIO employees, ASIS employees, ONI Act employees or ASD employees (as the case may be) are adequate and effective; or (b) the complainant has not pursued those procedures as far as practicable; or (c) the matters to which the complaint relates are not of sufficient seriousness or sensitivity to justify an inquiry into those matters. (6) The Inspector‑General may decide not to inquire into the matters to which a complaint of the kind referred to in subsection 8(8) relates in respect of action taken by ASIO if the Inspector‑General is satisfied that: (a) the procedures of ASIO relating to redress of grievances of ASIO affiliates are adequate and effective; or (b) the complainant has not pursued those procedures as far as practicable; or (c) the matters to which the complaint relates are not of sufficient seriousness or sensitivity to justify an inquiry into those matters. 12 Procedure if complaint not pursued If a person makes a complaint in relation to action taken by an intelligence agency that the Inspector‑General decides not to inquire into, or not to inquire further into, the Inspector‑General must: (a) take reasonable steps to notify the person in writing of the decision; and (b) notify the responsible Minister and the head of the agency in writing of the decision. 13 Special arrangements for persons in custody (1) A person who is detained in custody is entitled: (a) upon making a request to the person in whose custody he or she is detained or to any other person performing duties in connection with that detention: (i) to be provided with facilities for preparing a complaint in writing to the Inspector‑General under this Act, for furnishing in writing to the Inspector‑General after the complaint has been made any other relevant information and for enclosing the complaint or other information (if any) in a sealed envelope; and (ii) to have sent to the Inspector‑General, without undue delay, a sealed envelope addressed to the Inspector‑General; and (b) to have delivered to him or her, without undue delay, any sealed envelope addressed to him or her and sent by the Inspector‑General that comes into the possession or under the control of the person in whose custody he or she is detained or of any other person performing duties in connection with that detention. (2) A sealed envelope referred to in subsection (1) must not be opened by a person other than the addressee or a person acting on behalf of the addressee. (3) For the purposes of subsections (1) and (2), the Inspector‑General may make arrangements with the appropriate authority of a State or Territory for the identification and delivery of sealed envelopes sent by the Inspector‑General to persons detained in custody in that State or Territory. Division 2A—Preliminary inquiries 14 Preliminary inquiries Making preliminary inquiries into a complaint (1) If a complaint is made to the Inspector‑General in respect of action taken by an intelligence agency, the Inspector‑General may, for the purpose of: (a) determining whether the Inspector‑General is authorised to inquire into the action; or (b) if the Inspector‑General is authorised to inquire into the action: determining whether the Inspector‑General should inquire into the action; make preliminary inquiries of the head of the agency in relation to the action. Note: After making preliminary inquiries in relation to a complaint, see subsections 11(2) to (6) for determining whether to pursue further inquiry. Making own motion preliminary inquiries (2) Of his or her own motion, the Inspector‑General may make preliminary inquiries of the head of an intelligence agency: (a) to determine whether the Inspector‑General is authorised to inquire into an action of the agency; or (b) to determine whether the Inspector‑General should inquire into the action if the Inspector‑General is authorised to inquire into it. Determining that further inquiry is not warranted in relation to own motion preliminary inquiries (3) After making preliminary inquiries of the head of the intelligence agency under subsection (2), the Inspector‑General may determine that, having regard to all the circumstances of the case, an inquiry, or further inquiry, into the action is not warranted. Note: For reports relating to preliminary inquiries, see section 25B. Inspector‑General entitled to all reasonable facilities and assistance (4) In making preliminary inquiries of the head of an intelligence agency under this section, the Inspector‑General is entitled to all reasonable facilities and assistance that the head of the agency is capable of providing. Division 3—Inquiries Subdivision A—Obligations before commencing an inquiry 15 Inspector‑General to inform certain persons before commencing an inquiry (1) The Inspector‑General must, before commencing an inquiry into a matter relating to a Commonwealth agency, inform the responsible Minister and, subject to subsections (2) and (3), the head of the agency that the Inspector‑General proposes to conduct the inquiry. (2) The Inspector‑General is not required by subsection (1) to advise the head of a Commonwealth agency that the Inspector‑General proposes to conduct an inquiry into a matter that relates directly to the head of the agency. (3) However, if the Inspector‑General does not advise the head of a Commonwealth agency that the Inspector‑General proposes to conduct an inquiry into a matter that relates directly to the head of the agency, the Inspector‑General must instead advise: (a) if the matter relates to the head of ASIO, ASIS, ASD, ACIC, the Australian Federal Police or ONI—the responsible Minister in relation to ASIO, ASIS, ASD, ACIC, the Australian Federal Police or ONI, as the case requires; or (b) if the matter relates to the head of AGO or DIO—the Secretary of the Defence Department; or (c) otherwise—the responsible Minister for the agency. (4) To avoid doubt, this section is subject to section 17. Subdivision B—Conduct of inquiries 17 Conduct of inquiries Conduct of inquiries (1) An inquiry by the Inspector‑General must be conducted in private and, subject to this Division, in such manner as the Inspector‑General thinks fit. (2) The Inspector‑General may, for the purposes of this Act, obtain information from such persons, and make such inquiries, as the Inspector‑General thinks fit. (3) Subject to subsections (4) and (5), it is not necessary for a complainant or any other person to be afforded an opportunity to appear before the Inspector‑General or before any other person in connection with an inquiry by the Inspector‑General under this Act. (4) The Inspector‑General must not make a report in relation to an inquiry conducted under this Act in which the Inspector‑General sets out opinions that are, either expressly or impliedly, critical of a Commonwealth agency unless the Inspector‑General has given the head of the agency a reasonable opportunity to appear before the Inspector‑General and to make, either orally or in writing, submissions in relation to the matters that are the subject of the inquiry. (5) If the Inspector‑General proposes to set out in a report in relation to an inquiry conducted under this Act opinions that are, either expressly or impliedly, critical of a person, the Inspector‑General must, unless doing so would, in the opinion of the Inspector‑General, prejudice security, the defence of Australia or Australia's relations with other countries, give the person a reasonable opportunity to appear before the Inspector‑General and to make, either orally or in writing, submissions in relation to the matters that are the subject of the inquiry. (6) If the Inspector‑General gives, under subsection (4) or (5), the head of a Commonwealth agency or another person an opportunity to appear before the Inspector‑General, the person may, with the approval of the Inspector‑General, be represented by another person. Discussions and consultation with Ministers or Prime Minister (7) The Inspector‑General may, at any time while conducting an inquiry under this Act into a matter relating to a Commonwealth agency, discuss any matter that is relevant to the inquiry with the responsible Minister. (8) The Inspector‑General may, at any time while conducting an inquiry under this Act into a matter relating to a Commonwealth agency, if it is appropriate to do so, consult with the Prime Minister or the Attorney‑General (or both) on any matter that is relevant to the inquiry. (9) The Inspector‑General must not make a report in relation to an inquiry conducted under this Act in which the Inspector‑General sets out opinions that are, either expressly or impliedly, critical of a Commonwealth agency unless the Inspector‑General has given the responsible Minister a reasonable opportunity to discuss the proposed report with the Inspector‑General. 17A Obligation when evidence of breach of duty or misconduct (1) This section applies if, at any time before, during or after conducting: (a) an inspection under section 9A; or (b) a preliminary inquiry under section 14, or any other action taken by the Inspector‑General for the purpose of deciding whether to inquire into a matter; or (c) an inquiry under this Act; the Inspector‑General is satisfied on reasonable grounds that there is evidence that a person who is a member of a Commonwealth agency has been guilty of a breach of duty or of misconduct. Notifying responsible Minister, agency head and Public Service Commissioner (2) If the Inspector‑General is satisfied on reasonable grounds that the evidence is of sufficient weight to justify the Inspector‑General doing so, the Inspector‑General must bring the evidence to the notice of: (a) either: (i) if the person is the head of that agency—the responsible Minister; or (ii) in any other case—the head of that agency; and (b) without limiting paragraph (a), if: (i) the Commonwealth agency is an Agency within the meaning of the Public Service Act 1999; and (ii) the person is the Agency Head (within the meaning of that Act) of the agency; and (iii) the breach of duty or misconduct could constitute a contravention of the APS Code of Conduct; the Australian Public Service Commissioner appointed under that Act. Subdivision C—General powers in relation to inquiries 18 Power to obtain information and documents Requiring information or documents (1) If the Inspector‑General has reason to believe that a person is capable of giving information or producing documents relevant to a matter that is being inquired into by the Inspector‑General under this Act, the Inspector‑General may, by notice in writing given to the person, require the person, at such reasonable place and within such reasonable period as are specified in the notice: (a) to give to the Inspector‑General, by writing signed by that person or, in the case of a body corporate, on behalf of the body corporate, any such information; or (b) to produce to the Inspector‑General any such documents. Note: Failure to comply with a notice is an offence: see subsection (7). (2) If documents are produced to the Inspector‑General in accordance with a requirement under subsection (1), the Inspector‑General: (a) may take possession of, and may make copies of or take extracts from, the documents; (b) may retain possession of the documents for such period as is necessary for the purposes of the inquiry to which the documents relate; and (c) during that period must permit a person who would be entitled to inspect any one or more of the documents if they were not in the possession of the Inspector‑General to inspect at all reasonable times such of the documents as the person would be so entitled to inspect. Requiring attendance (3) If the Inspector‑General has reason to believe that a person is able to give information relevant to a matter that is being inquired into by the Inspector‑General under this Act, the Inspector‑General may, by notice in writing given to the person, require the person to attend before the Inspector‑General, at such reasonable time and place as are specified in the notice, to answer questions relevant to the matter under inquiry. Note: Failure to comply with a notice is an offence: see subsection (7). (4) The Inspector‑General may administer an oath or affirmation to a person required to attend before the Inspector‑General under subsection (3) and may examine the person on oath or affirmation. Note 1: Failure to take an oath or make an affirmation is an offence: see subsection (7). Note 2: This means that a hearing is a judicial proceeding for the purposes of Part III of the Crimes Act 1914, which creates various offences in relation to judicial proceedings. (5) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence the person will give will be true. Self‑incrimination and legal professional privilege (6) A person is not excused from giving any information, producing a document or answering a question when required to do so under this section on the ground that the giving of the information, the production of the document or the answer to the question: (a) would contravene the provisions of any other Act, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty; or (b) would disclose legal advice given to a Minister or a Commonwealth agency, or would disclose any other information that is, or may be, the subject of a claim of legal professional privilege by the Commonwealth or a Commonwealth agency; but the information, the production of the document or the answer to the question is not admissible in evidence against the person in any court or in any proceedings before a person authorised to hear evidence except in a prosecution for: (c) an offence against this section; or (ca) an offence against section 137.1, 137.2 (false or misleading information and documents), 145.1 (using forged document) or 149.1 (obstruction of Commonwealth public officials) of the Criminal Code that relates to this section; or (cb) an offence against Division 3 of Part III of the Crimes Act 1914 (offences relating to evidence and witnesses) that relates to this section; or (d) an offence against: (i) section 6 of the Crimes Act 1914; or (ii) section 11.1, 11.4 or 11.5 of the Criminal Code; being an offence that relates to an offence against this section. (6A) The fact that a person is not excused under subsection (6) from giving information, producing a document or answering a question does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, document or answer. Note: Legal professional privilege is also not waived in relation to information or documents provided voluntarily (see section 32AC). Offence for failing to comply (7) A person who: (a) fails to be sworn or to make an affirmation or to give information or produce a document when required to do so under this section; or (b) after being given a notice under subsection (3), fails to comply with the notice or to answer a question that the Inspector‑General requires the person to answer; commits an offence punishable on conviction: (c) in the case of an individual—by imprisonment for a period not exceeding 6 months or a fine not exceeding 10 penalty units, or both; or (d) in the case of a body corporate—by a fine not exceeding 50 penalty units. (7A) Subsection (7) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (7B) Subsection (7) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (7B) (see subsection 13.3(3) of the Criminal Code). Immunity from other penalties (9) A person is not liable to any penalty under the provisions of any law of the Commonwealth or of a Territory by reason only of the person having given information, produced a document or answered a question when required to do so under this section. 19 Entry to premises occupied by a Commonwealth agency (1) The Inspector‑General may (subject to subsection (2)), after notifying the head of a Commonwealth agency, at any reasonable time, enter any place occupied by the agency for the purposes of an inquiry under this Act. (2) The Inspector‑General may enter a place occupied in another country by ASIS only if the Director‑General of ASIS and the Inspector‑General have made arrangements relating to entry under this section. 19A Power to enter places relating to questioning warrants For the purposes of an inquiry under this Act, the Inspector‑General may, after notifying the Director‑General of Security: (a) enter any place where a person is being questioned or apprehended in relation to a warrant issued under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979; and (b) do so at any reasonable time. Division 4—Reports 20A Reports under this Act and other Acts In addition to any reports that the Inspector‑General is required or authorised to prepare under any other Act, the Inspector‑General must prepare reports under this Act in accordance with this Division. Note: The Inspector‑General prepares reports under subsections 9B(8A) and 9C(6) (oversight of authorisations in emergencies) of the Intelligence Services Act 2001. 21 Draft reports relating to inquiries Draft reports to be prepared and generally given to agency head (1) If the Inspector‑General completes an inquiry under this Act into a matter relating to a Commonwealth agency (other than a preliminary inquiry under section 14), the Inspector‑General must: (a) prepare a draft report setting out the Inspector‑General's conclusions and recommendations as a result of the inquiry; and (b) subject to subsections (1A) and (1B), give a copy (the draft agency copy) of the draft report to the head of the agency. Note: To avoid doubt, the Inspector‑General may satisfy requirements under this subsection before completing the inquiry. (1AA) The Inspector‑General may remove from a draft agency copy any matters that do not relate to the Commonwealth agency concerned. Draft reports on matters directly relating to agency head (1A) The Inspector‑General is not required by subsection (1) to give to the head of a Commonwealth agency a draft agency copy setting out conclusions and recommendations in respect of a matter that relates directly to the head of the agency. (1B) However, if the Inspector‑General does not give to the head of a Commonwealth agency a draft agency copy setting out conclusions and recommendations in respect of a matter that relates directly to the head of the agency, the Inspector‑General must give the draft agency copy to: (a) if the matter relates to the head of ASIO, ASIS, ASD, ACIC, the Australian Federal Police or ONI—the responsible Minister in relation to ASIO, ASIS, ASD, ACIC, the Australian Federal Police or ONI, as the case requires; or (b) if the matter relates to the head of AGO or DIO—the Secretary of the Defence Department; or (c) otherwise—the responsible Minister for the agency. Relationship with section 17 (conduct of inquiries) (1C) To avoid doubt, subsections (1), (1A) and (1B) are subject to section 17 (conduct of inquiries). Including relevant comments in final report (2) If: (a) the Inspector‑General gives a draft agency copy to the head of a Commonwealth agency, a responsible Minister or the Secretary of the Defence Department; and (b) the head of the agency, the responsible Minister or the Secretary makes comments on the draft report within a reasonable time after being given the draft agency copy; the Inspector‑General must include in his or her final report in relation to the inquiry such of those comments as are relevant to the final report. 22 Reports relating to inquiries given to Commonwealth agency head etc. Reports to be prepared and given to agency head or other responsible person (1) If the Inspector‑General completes an inquiry under this Act into a matter relating to a Commonwealth agency (other than a preliminary inquiry under section 14), the Inspector‑General must: (a) prepare a report setting out the Inspector‑General's conclusions and recommendations as a result of the inquiry; and (b) give a copy (the final agency copy) of the report: (i) if a draft agency copy was given to the head of the Commonwealth agency under subsection 21(1)—to the head of the Commonwealth agency; or (ii) otherwise—to the person to whom a draft agency copy was given under subsection 21(1B). Note 1: To avoid doubt, the Inspector‑General may satisfy requirements under this subsection before completing the inquiry. Note 2: A copy of the report may be given to the Parliamentary Joint Committee on Intelligence and Security under subsection 185D(3) or 185E(1) of the Telecommunications (Interception and Access) Act 1979 if the report relates to an authorisation intended to identify a media source or to retained data. (1A) The Inspector‑General may remove from a final agency copy any matters that do not relate to the Commonwealth agency concerned. Report to include reasons and compensation recommendation (2) The Inspector‑General must include in such a report: (a) the Inspector‑General's reasons for the conclusions and recommendations set out in the report; and (b) if the Inspector‑General considers that a person has been adversely affected by action taken by a Commonwealth agency and that the person should receive compensation for that action—a recommendation that the person receive compensation. Tax information not to be disclosed (3) If the report, or a final agency copy of the report, includes information that was acquired by the Commissioner of Taxation under the provisions of a taxation law (within the meaning of the Income Tax Assessment Act 1997), the Inspector‑General must prepare another version of the report, or the final agency copy, that does not disclose the tax information. Note: Section 355‑185 in Schedule 1 to the Taxation Administration Act 1953 permits the Inspector‑General to disclose the information to the Director‑General of Security in the report under subsection (1). Copies for Ministers (4) The Inspector‑General must give the responsible Minister a copy of: (a) the final agency copy; or (b) if subsection (3) applies—the version of the final agency copy mentioned in that subsection. (5) The Inspector‑General must give a copy of the final agency copy or version given to the responsible Minister under subsection (4) to the following: (a) if the inquiry was conducted as a result of a request under section 8 by the Attorney‑General or section 9 by the