Exchange of information between Ombudsman or Inspector‑General of Intelligence and Security, and State inspecting authorities
15HW Exchange of information between Ombudsman or Inspector‑General of Intelligence and Security, and State inspecting authorities
Definitions
In this section:
State or Territory agency means a law enforcement agency of a State or Territory within the meaning of a corresponding State controlled operations law.
State or Territory inspecting authority, in relation to a State or Territory agency, means the authority that, under the law of the State or Territory concerned, has the function of making inspections of a similar kind to those provided for in section 15HS of this Act, or section 9A of the Inspector‑General of Intelligence and Security Act 1986, when the State or Territory agency is exercising powers under a corresponding State controlled operations law.
Exchange of information between Ombudsman and State inspecting authorities
The Ombudsman may give information that:
relates to a State or Territory agency; and
was obtained by the Ombudsman under this Division;
to the State or Territory inspecting authority in relation to the agency.
The Ombudsman may only give information to an authority under subsection (2) if the Ombudsman is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State or Territory agency.
The Ombudsman may receive from a State or Territory inspecting authority information relevant to the performance of the Ombudsman’s functions under this Division.
Exchange of information between Inspector‑General of Intelligence and Security and State inspecting authorities
The Inspector‑General of Intelligence and Security may give information that:
relates to a State or Territory agency; and
was obtained by an IGIS official under the Inspector‑General of Intelligence and Security Act 1986; and
relates to a controlled operation conducted by an intelligence agency (within the meaning of that Act);
to the State or Territory inspecting authority in relation to the agency.
The Inspector‑General may only give information to an authority under subsection (5) if the Inspector‑General is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State or Territory agency.
The Inspector‑General may receive, from a State or Territory inspecting authority, information that:
relates to a controlled operation conducted by an intelligence agency (within the meaning of the Inspector‑General of Intelligence and Security Act 1986); and
is relevant to the performance of the Inspector‑General’s functions under that Act.
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