Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 85ZZH

Exclusions

    Division   3 does not apply in relation to the disclosure of information to or by, or the taking into account of information by a person or body referred to in one of the following paragraphs for the purpose specified in relation to the person or body:

  (a)   a law enforcement agency, for the purpose of making decisions in relation to prosecution or sentencing or of assessing:

  (i)   prospective employees or prospective members of the agency; or

  (ii)   persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;

  (b)   an intelligence or security agency, for the purpose of assessing:

  (i)   prospective employees or prospective members of the agency; or

  (ii)   persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;

  (c)   a court or tribunal established under a Commonwealth law, a State law or a Territory law, for the purpose of making a decision, including a decision in relation to sentencing;

  (d)   a person who makes a decision under the Migration Act 1958 , the Australian Citizenship Act 2007 , or the Immigration Act 1980 of the Territory of Norfolk Island, for the purpose of making that decision;

  (g)   a Commonwealth authority, for the purpose of assessing appointees or prospective appointees to a designated position;

  (h)   AUSTRAC, for the purpose of assessing:

  (i)   prospective members of the staff of AUSTRAC; or

  (ii)   persons proposed to be engaged as consultants under subsection   225(1) of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 ; or

  (iii)   persons whose services are proposed to be made available to AUSTRAC under subsection   225(3) of that Act;

  (j)   the Australian Government Solicitor, for the purpose of instituting or conducting proceedings for Commonwealth offences;

  (k)   a prescribed person or body, for a prescribed purpose, in relation to a conviction for a prescribed offence.



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