Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of paragraph (aaa) of the definition of permitted purpose in subsection 5(1), a purpose mentioned in column 2 of an item in the following table is a permitted purpose in relation to a Commonwealth agency, or the Immigration and Border Protection Department, as mentioned in column 1 of that item.
Permitted purposes--integrity purposes | ||
Item | Column 1--Commonwealth agency or Immigration and Border Protection Department | Column 2--Permitted purpose |
1 | (a) Australian Federal Police; or (b) ACC; or (c) National Anti - Corruption Commission; or (d) Immigration and Border Protection Department. | A purpose connected with: (a) a decision about whether to apply for an integrity authority; or (b) designing, but not conducting, an integrity operation; or (c) an application for an integrity authority; or (d) granting an integrity authority. |
2 | (a) Australian Federal Police; or (b) ACC; or (c) National Anti - Corruption Commission. | A purpose connected with an application for any warrant, authorisation or order, under a law of the Commonwealth, that is made for the purposes of an integrity operation. |
3 | (a) Australian Federal Police; or (b) ACC. | A purpose connected with disciplinary or legal action in relation to an eligible staff member of that agency, if arising out of, or otherwise related to, an integrity operation. |
Note: The Commonwealth agencies are the ACC, the Australian Federal Police and the National Anti - Corruption Commission (see subsection 5(1)).
(2) In this section:
"disciplinary or legal action" , in relation to an eligible staff member of the Australian Federal Police or the ACC, means any of the following:
(a) action in respect of alleged misconduct of the staff member;
(b) termination of the employment or appointment of the staff member;
(c) a disciplinary proceeding in relation to the staff member, or a report of such a proceeding;
(d) the investigation of an offence suspected to have been committed by the staff member;
(e) a legal proceeding in relation to the staff member, or a report of such a proceeding.
Disciplinary or legal action also includes the consideration of whether an action or proceeding covered by this definition should be taken or brought.
"disciplinary proceeding" :
(a) means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and
(b) includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979 .
"eligible staff member" , of the Australian Federal Police or the ACC, means a staff member of that agency within the meaning of the National Anti - Corruption Commission Act 2022 (see section 12 of that Act).