Commonwealth Consolidated Acts Commonwealth Consolidated ActsDisclosure to the Australian Federal Police
(1) Sections 276, 277 and 278 of the Telecommunications Act 1997 do not prevent a disclosure of information or a document if the information or document is covered by an authorisation in force under subsection (2).
(2) An authorised officer of the Australian Federal Police may authorise the disclosure of specified information or specified documents that came into existence before the time the person from whom the disclosure is sought receives notification of the authorisation.
Note: Section 184 deals with notification of authorisations.
(3) The authorised officer must not make the authorisation unless he or she is satisfied that the disclosure is reasonably necessary for:
(a) the enforcement of the criminal law of a foreign country; or
(b) an investigation or prosecution of a crime within the jurisdiction of the ICC; or
(c) an investigation or prosecution of a War Crimes Tribunal offence.
Disclosure to a foreign law enforcement agency
(4) If specified information or specified documents are disclosed because of an authorisation given under subsection (2), an authorised officer of the Australian Federal Police may authorise the disclosure of the information or documents so disclosed to a foreign law enforcement agency.
(5) The authorised officer must not make the authorisation unless he or she is satisfied that the disclosure is appropriate in all the circumstances and that the disclosure is reasonably necessary for:
(a) the enforcement of the criminal law of a foreign country; or
(b) an investigation or prosecution of a crime within the jurisdiction of the ICC; or
(c) an investigation or prosecution of a War Crimes Tribunal offence.