Special procedure relating to intelligence and security agencies

Heading: replaced (with effect on 1 July 1993), on 3 September 1996, by section 4 of the Privacy Amendment Act 1996 (1996 No 142).

Heading: amended, on 28 September 2017, by section 316 of the Intelligence and Security Act 2017 (2017 No 10).

81 Special procedure relating to intelligence and security agencies

(1)

Nothing in sections 76, 77, and 82 to 89 applies to—

(a)

any complaint made under this Part in relation to an action of an intelligence and security agency; or

(b)

any investigation conducted under this Part in relation to an action of an intelligence and security agency.

(2)

If, after completing an investigation, the Commissioner is of the opinion that an action of an intelligence and security agency is an interference with the privacy of an individual, the Commissioner must provide to the intelligence and security agency a report setting out—

(a)

his or her opinion; and

(b)

the reasons for that opinion.

(3)

A report provided under subsection (2) may include any recommendations the Commissioner considers appropriate.

(4)

When making a report under subsection (2), the Commissioner may request the intelligence and security agency to notify him or her within a specified time of any steps the agency proposes to take in response to the report and to any recommendations included in the report.

(5)

If, within a reasonable time after any report is made, no steps are taken by the intelligence and security agency in response to the report that seem to be adequate and appropriate, the Commissioner may send a copy of the report to the Prime Minister.

(6)

As soon as practicable after receiving a report under subsection (5), the Prime Minister may present the report, or any part of the report, to the House of Representatives.

Section 81: replaced, on 28 September 2017, by section 317 of the Intelligence and Security Act 2017 (2017 No 10).