Inspector‑General may obtain reports
32A Inspector‑General may obtain reports
This section applies to the following documents:
in the case of ASIO—a report referred to in subsection 94(1) of the Australian Security Intelligence Organisation Act 1979 without deletions;
in the case of ACIC, ASIS and ASD—a report prepared on a periodic basis and given to the responsible Minister;
in the case of ACIC and ONI—a report given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013;
in the case of AGO and DIO—a report prepared on a periodic basis and given to the Secretary of the Defence Department;
in the case of AFP, AUSTRAC or the Department of Home Affairs:
a report given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013; or
any other report prepared on a periodic basis, and given to the responsible Minister, that the Inspector‑General is satisfied relates to the performance by AFP, AUSTRAC or the Department of Home Affairs of that agency’s intelligence functions;
in the case of ACIC—a report that is provided to the Board of ACIC or to the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002, if the report was prepared:
by the CEO of ACIC; or
by the Chair of the Board and is in the possession of ACIC.
The Inspector‑General may, in writing, request the head of an intelligence agency to give him or her a single copy of a document to which this section applies.
The Inspector‑General must sign the request.
As soon as practicable after the head of the agency receives the request, he or she must, subject to subsection (5), give to the Inspector‑General a single copy of the document specified in the request.
If:
in the case of ASIO, ASIS, ASD and ONI, the head of the agency has not provided the responsible Minister with a copy of a report; or
in the case of ACIC , the head of the agency has not provided the responsible Minister with a copy of a report mentioned in paragraph (1)(b) or (c); or
in the case of AFP, AUSTRAC or the Department of Home Affairs, the head of the agency has not provided the responsible Minister with a copy of a report mentioned in subparagraph (1)(e)(i); or
in the case of AGO and DIO, the head of the agency has not provided the Secretary of the Defence Department with a copy of a report;
the head need not give a copy of the report to the Inspector‑General until the head has given the report to the responsible Minister or Secretary, as the case may be.
In the case of ACIC, if the CEO of ACIC or the Chair of the Board (as the case requires) has not given the Board or the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002 a copy of a report mentioned in paragraph (1)(f), the CEO or Chair need not give a copy of the report to the Inspector‑General until the report has been given to the Board or the Inter‑Governmental Committee (as the case requires).
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