Office of National Intelligence Act 2018

For the purpose of ONI performing its function under paragraph 7(1)(c), the Director‑General may make a written request that a Commonwealth authority provide information, documents or things in its possession that relate to:

international matters of political, strategic or economic significance to Australia; or

domestic aspects relating to such international matters.

Before making a written request of a Commonwealth authority under subsection (1), the Director‑General must:

consult with the Commonwealth authority; and

consider any concerns raised by the Commonwealth authority, including concerns about:

a contract, arrangement or understanding that would prohibit or limit the Commonwealth authority’s ability to provide information, documents or things that would need to be provided in response to a request; or

the need to provide personal information (within the meaning of the Privacy Act 1988) in response to a request.

A Commonwealth authority must provide any information, documents or things to ONI in response to a written request by the Director‑General under subsection (1), unless and to the extent that a law of the Commonwealth, or of a State or Territory prohibits the provision (however described) of the information, documents or things.

For limits on the use that ONI may make of such information, documents or things: see section 40.