Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An officer or staff member of a criminal law - enforcement agency or an eligible Commonwealth authority may, for one or more purposes referred to in subsection (2) or (4A), and for no other purpose (other than a purpose referred to in subsection 139A(2) or 139B(2), if applicable), communicate to another person, make use of, or make a record of the following:
(a) lawfully accessed information other than foreign intelligence information;
(aa) preservation notice information;
(b) stored communications warrant information.
(2) In the case of information obtained by the agency other than through the execution of a warrant issued as a result of an international assistance application, the purposes are purposes connected with:
(a) an investigation by the agency or by another criminal law - enforcement agency of a contravention to which subsection (3) applies; or
(b) the making by an authority, body or person of a decision whether or not to begin a proceeding to which subsection (4) applies; or
(c) a proceeding to which subsection (4) applies; or
(d) the keeping of records by the agency under Part 3 - 5; or
(e) an authorisation under any of the following provisions in respect of the information:
(i) subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987 ;
(ii) section 69A of the International Criminal Court Act 2002 ;
(iii) section 25A of the International War Crimes Tribunals Act 1995 .
(3) A contravention to which this subsection applies is a contravention of a law of the Commonwealth, a State or a Territory that:
(a) is a serious offence; or
(b) is an offence punishable:
(i) by imprisonment for a period, or a maximum period, of at least 12 months; or
(ii) if the offence is committed by an individual--by a fine, or a maximum fine, of at least 60 penalty units; or
(iii) if the offence cannot be committed by an individual--by a fine, or a maximum fine, of at least 300 penalty units; or
(c) could, if established, render the person committing the contravention liable:
(i) if the contravention were committed by an individual--to pay a pecuniary penalty of 60 penalty units or more, or to pay an amount that is the monetary equivalent of 60 penalty units or more; or
(ii) if the contravention cannot be committed by an individual--to pay a pecuniary penalty of 300 penalty units or more, or to pay an amount that is the monetary equivalent of 300 penalty units or more.
(4) A proceeding to which this subsection applies is:
(a) a proceeding by way of a prosecution for an offence of a kind referred to in paragraph (3)(a) or (b); or
(b) a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of such an offence; or
(ba) a proceeding under the Spam Act 2003 ; or
(c) a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988 , in so far as the proceeding relates to such an offence; or
(d) a proceeding for the extradition of a person from a State or a Territory to another State or Territory, in so far as the proceeding relates to such an offence; or
(e) a proceeding for recovery of a pecuniary penalty for a contravention of a kind referred to in paragraph (3)(c); or
(f) a police disciplinary proceeding.
(4A) In the case of information obtained by the agency through the execution of a warrant issued as a result of an international assistance application, the purposes are purposes connected with:
(a) providing the information to the entity to which the application relates, or to an appropriate authority of that entity; or
(b) the keeping of records by the agency under Part 3 - 5.
(5) To avoid doubt, a reference in subsection (3) to a number of penalty units in relation to a contravention of a law of a State or a Territory includes a reference to an amount of a fine or pecuniary penalty that is equivalent, under section 4AA of the Crimes Act 1914 , to that number of penalty units.