Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 32, 2010
Compilation No. 19
Compilation date: 8 December 2023
Includes amendments: Act No. 109, 2023
Registered: 19 December 2023
About this compilation
This compilation
This is a compilation of the Independent National Security Legislation Monitor Act 2010 that shows the text of the law as amended and in force on 8 December 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Object
4 Definitions
Part 2--Independent National Security Legislation Monitor
Division 1--Establishment, functions and powers of Independent National Security Legislation Monitor
5 Independent National Security Legislation Monitor
6 Functions of the Independent National Security Legislation Monitor
7 References to the Independent National Security Legislation Monitor by the Prime Minister or the Attorney -General
7A References to the Independent National Security Legislation Monitor by the Committee on Intelligence and Security
8 Regard to be had to international obligations and constitutional arrangements
9 Emphasis to be given to counter-terrorism and national security legislation that has been applied or considered recently
10 Consultation with agencies etc.
Division 2--Appointment of Independent National Security Legislation Monitor
11 Appointment
11A Obligation to fill vacancy as soon as practicable
12 Term of appointment
13 Remuneration and allowances
14 Leave of absence
15 Outside employment
16 Disclosure of interests to the Attorney-General
17 Other terms and conditions
18 Resignation
19 Termination of appointment
20 Acting Independent National Security Legislation Monitor
Part 3--Information gathering powers
21 Independent National Security Legislation Monitor may hold hearings
22 Independent National Security Legislation Monitor may summon person
23 Evidence on oath or by affirmation
24 Independent National Security Legislation Monitor may request production of a document or thing
25 Offences
26 No criminal or civil liability under secrecy provisions
27 Independent National Security Legislation Monitor may retain documents or things
28 Protection of information and documents
Part 4--Reporting requirements
29 Annual report
29A Special report
29B Statutory review report
30 Report on a reference by the Prime Minister or the Attorney-General
Part 5--Miscellaneous
31 Immunity from legal action
32 Regulations
33 Staff of the Independent National Security Legislation Monitor
34 Contractors engaged by the Independent National Security Legislation Monitor
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
32, 2010 | 13 Apr 2010 | 14 Apr 2010 (s 2) |
| |
5, 2011 | 22 Mar 2011 | Sch 6 (items 51-53): 19 Apr 2011 (s 2(1) item 15) | -- | |
46, 2011 | 27 June 2011 | Sch 2 (items 699-701) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 5, 12) | Sch 3 (items 10, 11) | |
108, 2014 | 2 Oct 2014 | Sch 7 (items 111-114, 144, 145): 3 Oct 2014 (s 2(1) items 4, 5) | Sch 7 (items 144, 145) | |
Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 | 116, 2014 | 3 Nov 2014 | Sch 1 (item 131A): 1 Dec 2014 (s 2(1) item 2) | -- |
Customs and Other Legislation Amendment (Australian Border Force) Act 2015 | 41, 2015 | 20 May 2015 | Sch 5 (items 89-91) and Sch 9: 1 July 2015 (s 2(1) items 2, 7) | Sch 9 |
as amended by |
|
|
|
|
Australian Border Force Amendment (Protected Information) Act 2017 | 115, 2017 | 30 Oct 2017 | Sch 1 (item 26): 1 July 2015 (s 2(1) item 2) | -- |
Australian Citizenship Amendment (Allegiance to Australia) Act 2015 | 166, 2015 | 11 Dec 2015 | Sch 2 (items 2, 9): 12 Dec 2015 (s 2(1) item 1) | Sch 2 (item 9) |
Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016 | 95, 2016 | 7 Dec 2016 | Sch 2 (items 1D, 1E): 7 June 2017 (s 2(1) item 3) | -- |
Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018 | 25, 2018 | 11 Apr 2018 | Sch 1 (items 66-69, 100-108): 1 July 2018 (s 2(1) item 2) | Sch 1 (items 100-108) |
Home Affairs and Integrity Agencies Legislation Amendment Act 2018 | 31, 2018 | 9 May 2018 | Sch 1 (items 4-27): 11 May 2018 (s 2(1) item 2) | Sch 1 (items 8, 10, 13, 16, 27) |
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 | 67, 2018 | 29 June 2018 | Sch 1 (item 51): 30 June 2018 (s 2(1) item 2) | -- |
Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 | 148, 2018 | 8 Dec 2018 | Sch 1 (items 4A, 4B): 9 Dec 2018 (s 2(1) item 2) | -- |
Office of National Intelligence (Consequential and Transitional Provisions) Act 2018 | 156, 2018 | 10 Dec 2018 | Sch 2 (items 49, 50) and Sch 4: 20 Dec 2018 (s 2(1) items 2, 4) | Sch 4 |
Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Act 2019 | 54, 2019 | 30 July 2019 | Sch 1 (item 1): 30 July 2019 (s 2(1) item 2) | -- |
Australian Citizenship Amendment (Citizenship Cessation) Act 2020 | 88, 2020 | 17 Sept 2020 | Sch 1 (items 14, 16-22): 18 Sept 2020 (s 2(1) item 1) | Sch 1 (items 16-22) |
Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Act 2021 | 88, 2021 | 2 Sept 2021 | Sch 1 (items 8, 9): 3 Sept 2021 (s 2(1) item 1) | -- |
Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 | 98, 2021 | 3 Sept 2021 | Sch 3A (items 1, 2): 4 Sept 2021 (s 2(1) item 4) | -- |
Independent National Security Legislation Monitor Amendment Act 2021 | 130, 2021 | 8 Dec 2021 | 8 Dec 2021 (s 2(1) item 1) | -- |
Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 | 109, 2023 | 7 Dec 2023 | Sch 1 (items 11-15): 8 Dec 2023 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
s 4..................... | am No 5, 2011; No 108, 2014; No 41, 2015; No 166, 2015; No 25, 2018; No 156, 2018; No 54, 2019; No 88, 2020; No 109, 2023 |
Part 2 |
|
Division 1 |
|
s 6..................... | am No 116, 2014; No 95, 2016; No 31, 2018; No 67, 2018; No 148, 2018; No 88, 2021; No 98, 2021 |
| ed C17 |
| am No 130, 2021; No 109, 2023 |
s 7..................... | rs No 31, 2018 |
s 9..................... | am No 130, 2021 |
Division 2 |
|
s 11.................... | am No 31, 2018; No 130, 2021 |
s 11A................... | ad No 130, 2021 |
s 14.................... | am No 31, 2018 |
| rs No 130, 2021 |
s 15.................... | am No 31, 2018 |
| rs No 130, 2021 |
s 16.................... | am No 31, 2018 |
s 19.................... | am No 31, 2018; No 130, 2021 |
s 20.................... | am No 46, 2011; No 31, 2018 |
Part 4 |
|
s 29.................... | am No 31, 2018; No 130, 2021 |
| ed C18 |
s 29A................... | ad No 130, 2021 |
s 29B................... | ad No 130, 2021 |
| am No 109, 2023 |
s 30.................... | am No 31, 2018; No 130, 2021 |
| ed C18 |
Part 5 |
|
s 31.................... | am No 130, 2021 |
s 33.................... | ad No 130, 2021 |
s 34.................... | ad No 130, 2021 |