Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Amendments commencing on day after Royal Assent
Australian Crime Commission Act 2002
1 Section 59 (heading)
Repeal the heading, substitute:
59 Providing reports and information to members of Parliament
2 Before subsection 59(1)
Insert:
Information for Minister
3 Subsection 59(1)
After " The Chair of the Board", insert "and the CEO".
4 Subsection 59(1)
After "requests the Chair", insert "or the CEO".
5 Subsection 59(1)
After "functions, the Chair", insert "or the CEO (as the case requires)".
6 Before subsection 59(1A)
Insert:
Information for Inter - Governmental Committee
7 Subsection 59(1A)
After "the Chair of the Board" (first occurring), insert "or the CEO".
8 Subsection 59(1A)
After "the Chair of the Board" (second occurring), insert "or the CEO (as the case requires)".
9 Subsection 59(2)
After "the Chair of the Board", insert "or the CEO (as the case requires)".
10 Subsection 59(2)
Omit "the Chair" (second occurring), substitute "he or she".
11 Subsection 59(3)
After "the Chair of the Board" (first occurring), insert "or the CEO".
12 Paragraph 59(3)(b)
After "the Chair of the Board", insert "or the CEO".
13 Subsection 59(5)
After " The Chair of the Board" (first occurring), insert "or the CEO (as the case requires)".
14 Subsection 60(4)
After " The Board ", insert "or the CEO".
15 Subsection 60(5)
Omit " The Board shall ", substitute " The Board and the CEO must".
16 Application of this Part
The amendments made by this Part apply to any information in the possession of the ACC, whether the information comes into the possession of the ACC before or after this item commences.
Part 2 -- Amendments commencing on Proclamation
Australian Crime Commission Act 2002
17 Subsection 4(1)
Insert:
"ACC information" means information that is in the ACC's possession.
18 Subsection 4(1)
Insert:
"permissible purpose" means one or more of the following purposes:
(a) performing functions referred to in section 7A or 7C;
(b) preventing, detecting, investigating, prosecuting or punishing:
(i) criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or
(ii) contraventions of a law of the Commonwealth, a State or a Territory imposing a penalty or sanction (including taking civil remedies in relation to contraventions of such laws); or
(iii) seriously improper conduct (including professional misconduct or misconduct by a public official);
(c) preventing, detecting or investigating threats to national security;
(d) preventing serious threats to an individual's life, health or safety, or to public health or public safety;
(e) enforcing laws (including laws of foreign countries) relating to proceeds of crime;
(f) enforcing laws (including laws of foreign countries) relating to unexplained wealth;
(g) protecting public revenue;
(h) developing government policy;
(i) researching criminology;
(j) any other purpose prescribed by the regulations.
19 Subsection 12(1) (note)
Omit "Note", substitute "Note 1".
20 Subsection 12(1) (note)
Omit "section 59", substitute "sections 59AA and 59AB".
21 At the end of subsection 12(1)
Add:
Note 2: This subsection is subject to any relevant direction given under subsection 25A(9) (see subsection ( 2) of this section).
22 At the end of subsection 12(1A)
Add:
Note: This subsection is subject to any relevant direction given under subsection 25A(9) (see subsection ( 2) of this section).
23 After subsection 12(1A)
Insert:
(2) Subsections ( 1) and (1A) are subject to any relevant direction given under subsection 25A(9) (confidentiality in relation to examinations).
24 Subparagraph 47A(1)(b)(ii)
Omit "a law enforcement agency or a foreign law enforcement agency", substitute "a person or body (however described) to whom the CEO may disclose ACC information under section 59AA".
25 At the end of subsection 59(1)
Add:
Note: This section is subject to any relevant direction given under subsection 25A(9) (see section 59AC).
26 Subsections 59(7) to (11)
Repeal the subsections, substitute:
Information for members of Parliament
(7) The Chair of the Board or the CEO may inform one or more of the following persons of the general conduct of the operations of the ACC if the Chair or the CEO (as the case requires) considers that it is in the public interest to do so:
(a) a member of either House of the Parliament;
(b) a member of the Parliament of a State.
Note: A reference to the Parliament of a State includes a reference to the Legislative Assemblies of the Australian Capital Territory and the Northern Territory (see paragraph 4(3)(a)).
27 After section 59
Insert:
59AA Disclosing information to government bodies
Commonwealth, State, Territory and foreign agencies etc.
(1) The CEO may disclose ACC information to:
(a) a body of the Commonwealth, a State or a Territory; or
(b) a person who holds an office or appointment under a law of the Commonwealth, a State or a Territory; or
(c) an agency that has responsibility for:
(i) law enforcement in a foreign country; or
(ii) intelligence gathering for a foreign country; or
(iii) the security of a foreign country; or
(d) an international body that:
(i) has functions relating to law enforcement or gathering intelligence; and
(ii) is prescribed by the regulations for the purposes of this paragraph; or
(e) an international judicial body that is prescribed by the regulations for the purposes of this paragraph;
if:
(f) the CEO considers it appropriate to do so; and
(g) the CEO considers that the information is relevant to a permissible purpose; and
(h) disclosing the ACC information would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.
Note 1: For the definition of body , see subsection ( 3).
Note 2: This section is subject to any relevant direction given under subsection 25A(9) (see section 59AC).
ASIO
(2) The CEO may disclose ACC information to the Australian Security Intelligence Organisation if:
(a) the CEO considers it appropriate to do so; and
(b) the information is relevant to security (as defined in section 4 of the Australian Security Intelligence Organisation Act 1979 ); and
(c) disclosing the ACC information would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.
Definitions
(3) In this section:
"body" includes:
(a) a body however described; and
(b) a Department of State; and
(c) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth, a State or a Territory; and
(d) a law enforcement agency.
59AB Disclosing information to private sector bodies
(1) The CEO may disclose ACC information to a body corporate that is prescribed, or is included in a class of bodies corporate that is prescribed, by the regulations for the purposes of this section if:
(a) the CEO considers it appropriate to do so; and
(b) the CEO considers that disclosing the information to the body is necessary for a permissible purpose; and
(c) the body has undertaken, in writing, not to use or further disclose the information except:
(i) as referred to in subsection ( 3); or
(ii) as required by a law of the Commonwealth, a State or a Territory; and
(d) the body has undertaken, in writing, to comply with any conditions the CEO specifies under subsection ( 4) or (5); and
(e) disclosing the ACC information:
(i) would not prejudice the safety of a person, or prejudice the fair trial of a person who has been charged with an offence; and
(ii) would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.
Note: This section is subject to any relevant direction given under subsection 25A(9) (see section 59AC).
Limitations on disclosing information under subsection ( 1)
(2) The CEO may disclose ACC information to a body corporate under subsection ( 1) only if:
(a) for information that is personal information (within the meaning of the Privacy Act 1988 )--the CEO considers that disclosing the information is necessary for the purposes of:
(i) preventing criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or
(ii) detecting criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or
(iii) facilitating the collection of criminal information and intelligence in relation to criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); and
(b) in any case--the information is not confidential commercial information relating to another body or person.
Specifying purposes and conditions etc.
(3) The CEO must specify, in writing, any permissible purpose for which the ACC information may be used or further disclosed.
(4) If the CEO discloses ACC information that is personal information (within the meaning of the Privacy Act 1988 ) to a body corporate, the CEO must specify, in writing:
(a) one or more conditions that the body corporate must meet in relation to monitoring and controlling any further disclosure of that information by an employee or officer of the body corporate; and
(b) a condition that the information is not to be disclosed to a person who is not an employee or officer of the body corporate, other than in any circumstances specified ; and
(c) one or more conditions that the body corporate must meet in order to ensure that the information is not used or disclosed in a way that might prejudice the reputation of a person.
(5) The CEO may specify, in writing, any other conditions that the CEO considers appropriate in relation to ACC information that is disclosed under, or in accordance with, this section (whether in relation to personal information or any other ACC information).
(6) An instrument made under subsection ( 3), (4) or (5) is not a legislative instrument.
Offence--disclosure etc. for unauthorised purposes
(7) A person commits an offence if:
(a) ACC information is disclosed to the person under, or in accordance with, this section; and
(b) the person (directly or indirectly):
(i) makes a record of the information; or
(ii) discloses the information to any other person; and
(c) the record or disclosure referred to in paragraph ( b) is not:
(i) for a purpose specified under subsection ( 3) in relation to the information; or
(ii) required by any other law.
Penalty: 50 penalty units, or imprisonment for 12 months, or both.
Note: For a defence to this offence, see subsection ( 9).
Offence--breach of conditions
(8) A person commits an offence if:
(a) ACC information is disclosed to the person under, or in accordance with, this section; and
(b) the CEO specifies a condition under subsection ( 4) or (5) in relation to the information; and
(c) the person does an act or omits to do an act in relation to the information; and
(d) the act or omission breaches the condition.
Penalty: 50 penalty units, or imprisonment for 12 months, or both.
Note: For a defence to this offence, see subsection ( 9).
Defence--information legitimately made public
(9) Subsections ( 7) and (8) do not apply to a person in relation to ACC information if:
(a) the information is in the public domain before the person:
(i) makes the record, or discloses the information (if subsection ( 7) applies); or
(ii) does the act or omits to do the act in relation to the information (if subsection ( 8) applies); and
(b) the original disclosure of the information into the public domain (before the person does the thing referred to in subparagraph ( a)(i) or (ii) of this subsection) was not:
(i) in contravention of section 51 or subsection ( 7) or (8) of this section; or
(ii) in breach of an undertaking given under subsection ( 1) of this section.
Note: A defendant bears an evidential burden in relation to the matter in subsection ( 9) (see subsection 13.3(3) of the Criminal Code ).
59AC Confidentiality in relation to examinations
Sections 59, 59AA and 59AB are subject to any relevant direction as in force under subsection 25A(9) (confidentiality in relation to examinations).
59AD Publication of reports in relation to offences
A report under this Act that:
(a) sets out a finding that an offence has been committed; or
(b) makes a recommendation to institute a prosecution in respect of an offence;
must not be made available to the public unless the finding or recommendation is expressed to be based on evidence that would be admissible in the prosecution of a person for that offence.
28 After paragraph 61(2)(d)
Insert:
(da) the general nature and the extent of any information disclosed by the CEO during that year to a body corporate under section 59AB;
29 Application of this Part
The amendments made by this Part apply to any ACC information, whether the information comes into the possession of the ACC before or after this item commences.