Non‑allocation of disclosure subject to stop action direction under the NACC Act
44B Non‑allocation of disclosure subject to stop action direction under the NACC Act
Scope
This section applies if a stop action direction under the NACC Act prevents an authorised officer of an agency from allocating some or all of a disclosure under section 43.
Notice of details relating to disclosure
The authorised officer must, as soon as reasonably practicable, give written notice of the matters in subsection (3) to:
the Ombudsman (unless paragraph (b) of this subsection applies); or
the IGIS, if the disclosure concerns conduct relating to:
an intelligence agency; or
the IGIS; or
AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions.
The following are the matters for the purposes of subsection (2):
the information that was disclosed;
the conduct disclosed;
if the discloser’s name and contact details are known to the authorised officer, and the discloser consents to the Ombudsman or the IGIS, as relevant, being informed—the discloser’s name and contact details;
the stop action direction under the NACC Act that prevents allocation of some or all of the disclosure.
This Act’s bill:Explanatory memorandumSecond reading speech
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