Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a disclosure of information has been, or is required to be, allocated under section 43 of the Public Interest Disclosure Act 2013 ; and
(b) some or all of the disclosable conduct with which the information is concerned relates (within the meaning of that Act) to an intelligence agency (within the meaning of this Act); and
(c) if the intelligence agency is ACIC or the Australian Federal Police--the conduct relates to that agency's intelligence functions;
to the extent that the conduct so relates as described in paragraph (b), it is taken, for the purposes of this Act, to be action that relates to the propriety of particular activities of the intelligence agency.
Note: The Inspector - General's functions under section 8 include inquiring into the propriety of particular activities of intelligence agencies.
(3) For the purposes of the application of this Act to the action:
(a) the conduct is to be treated as if it were action taken by the intelligence agency; and
(b) a public official who belongs (within the meaning of the Public Interest Disclosure Act 2013 ) to the intelligence agency is taken to be a member of the intelligence agency; and
(c) the person who disclosed the information is taken, if the disclosure is allocated to the Inspector - General, to have made a complaint to the Inspector - General in respect of the action.
(4) However, paragraph (3)(c) does not apply if:
(a) the intelligence agency is ASIS, ASD, AGO, DIO or ONI; and
(b) the person is not an Australian citizen, or a permanent resident within the meaning of:
(i) for ASIS, ASD, AGO or DIO--paragraph (a) of the definition of permanent resident in subsection 3(1) of the Intelligence Services Act 2001 ; or
(ii) for ONI--paragraph (a) of the definition of permanent resident in subsection 4(1) of the Office of National Intelligence Act 2018 .
(5) It is immaterial whether the disclosable conduct occurred before or after the commencement of this section.