Commonwealth Consolidated Acts

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Chief officers' annual reports to Minister and Ombudsman

             (1)  As soon as practicable after 30 June in each year, the chief officer of each authorising agency must submit a report to the Minister setting out the details required by subsections 15HM(2), (2A), (2B) and (2C) in relation to controlled operations for which the agency was the authorising agency during the previous 12 months.

             (2)  Each chief officer must advise the Minister of any information in a report that, in the chief officer's opinion, should be excluded from the report before the report is laid before the Parliament because:

                     (a)  the information, if made public, could reasonably be expected to:

                              (i)  endanger a person's safety; or

                             (ii)  prejudice an investigation or prosecution; or

                            (iii)  compromise any law enforcement agency's operational activities or methodologies; or

                     (b)  making the information public would be contrary to the public interest for any other reason.

             (3)   The Minister must exclude information from a report if the Minister is satisfied on the advice of the chief officer of any of the grounds set out in subsection (2) and must then cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives it.

             (4)  A report must not disclose any information that identifies any person involved in an operation or that is likely to lead to such a person being identified.

             (5)  Nothing in this section requires particulars of a controlled operation to be included in a report for a year if the operation had not been completed as at 30 June in that year, but the particulars must instead be included in the report for the year in which the operation is completed.

             (6)  If a report relates, in whole or in part, to the work or activities of the ACC under a corresponding State controlled operations law, the Minister must, as soon as practicable after the report is laid before each House of the Parliament, send a copy of the report to the State or Territory Minister with responsibility for the corresponding State controlled operations law.

             (7)  A copy of a report given to the Minister under this section must be given to the Ombudsman at the same time as it is given to the Minister.

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