Commonwealth Consolidated Acts

NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 238

  (1)   This section applies if the Commissioner or the Inspector intends to exercise a power under this Act to require an IGIS official to give information or produce a document or thing, and the information, document or thing:

  (a)   originated from, or was collected by, an intelligence agency; or

  (b)   concerns the activities of an intelligence agency.

  (2)   The Commissioner or the Inspector must not require the IGIS official to give the information or produce the document or thing unless the Commissioner or the Inspector (as the case requires) has consulted the head of the intelligence agency.

  (3)   In deciding whether to require the IGIS official to give the information or produce the document or thing, the Commissioner or the Inspector must take into account the views of the head of the intelligence agency, but is not bound by them.

  (4)   However, the Commissioner or the Inspector need not consult the head of the intelligence agency if doing so would be likely to prejudice:

  (a)   a NACC Act process; or

  (b)   any action taken as a result of a NACC Act process.