Commonwealth Consolidated Acts

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 32AC

  (1)   This section applies in relation to a person if the person voluntarily provides, or makes available, information or documents to the Inspector - General for any of the following purposes:

  (a)   the Inspector - General conducting an inspection under section   9A;

  (b)   making a complaint under Division   2 of Part   II;

  (c)   the Inspector - General conducting a preliminary inquiry under section   14, or any other action taken by the Inspector - General for the purpose of deciding whether to inquire into a matter;

  (d)   the Inspector - General conducting an inquiry under Division   3 of Part   II.

Person not liable to penalties or prosecution under other Commonwealth laws

  (2)   The person is not (subject to subsections   (5) and (6)) liable to a penalty or to be prosecuted for an offence under a provision of any other law of the Commonwealth for providing or making available the information or documents.

Use immunity

  (3)   The information or documents, and the providing or making available of the information or documents, are not (subject to subsection   (5)) admissible in evidence against the person in any court or in any proceedings before a person authorised to hear evidence.

Legal professional privilege

  (4)   The providing or making available of the information or documents does not affect any legal professional privilege that is, or may be, claimed by any person in relation to the information or documents.

Exceptions

  (5)   Subsections   (2) and (3) do not apply in relation to proceedings for an offence against:

  (a)   section   137.1 or 137.2 (false or misleading information and documents), 145.1 (using forged document) or 149.1 (obstructing Commonwealth officials) of the Criminal Code , to the extent that that offence relates to this Act; or

  (b)   Division   3 of Part   III of the Crimes Act 1914 (offences relating to evidence and witnesses), to the extent that that offence relates to this Act; or

  (c)   section   6 of the Crimes Act 1914 , or section   11.1, 11.4 or 11.5 of the Criminal Code , in relation to an offence referred to in paragraph   (a) or (b) of this subsection.

  (6)   Subsection   (2) does not apply if the provision referred to in that subsection:

  (a)   is enacted after the commencement of this section; and

  (b)   is expressed to have effect despite this section.

Note:   This section applies subject to sections   100 to 102 of the National Anti - Corruption Commission Act 2022 , including those sections as modified by section   214 of that Act.