Commonwealth Consolidated Acts Commonwealth Consolidated ActsFor the purposes of subsection 39D(1), replace section 3ZQU of the Crimes Act 1914 with the following 2 sections.
3ZQU Purposes for which things may be used and shared
(1) A constable or Commonwealth officer may use, or make available to a member of ASIC or an ASIC staff member to use, a thing seized under this Part for the purpose of the performance of ASIC's functions or duties or the exercise of its powers.
(2) Without limiting the scope of subsection (1), a constable or Commonwealth officer may use, or make available to a person covered under subsection (3) to use, a thing seized under this Part for the purpose of any or all of the following if it is necessary to do so for that purpose:
(a) preventing or investigating any of the following:
(i) a breach of an offence provision;
(ii) a breach of a civil penalty provision;
(iii) a breach of an obligation (whether under statute or otherwise), other than an obligation of a private nature (such as an obligation under a contract, deed, trust or similar arrangement);
(b) prosecuting a breach of an offence provision;
(c) prosecuting a breach of a civil penalty provision;
(d) taking administrative action, or seeking an order of a court or tribunal (within the meaning of the Australian Securities and Investments Commission Act 2001 ), in response to a breach of an obligation (whether under statute or otherwise), other than an obligation of a private nature (such as an obligation under a contract, deed, trust or similar arrangement).
(3) A person is covered under this subsection if the person is any of the following:
(a) a constable;
(b) a Commonwealth officer.
(4) Without limiting the scope of subsections (1) and (2), a constable or Commonwealth officer may use, or make available to a person covered under subsection (3) to use, a thing seized under this Part for the purpose of any or all of the following if it is necessary to do so for that purpose:
(a) proceedings under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 ;
(b) proceedings under a corresponding law (within the meaning of either of the Acts mentioned in paragraph (a)) that relate to a State offence that has a federal aspect;
(c) proceedings for the forfeiture of the thing under a law of the Commonwealth, a State or a Territory;
(d) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Division 104, 105 or 105A of the Criminal Code ;
(e) investigating or resolving a complaint or an allegation of misconduct relating to an exercise of a power or the performance of a function or duty under this Part;
(f) investigating or resolving an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979 ) under Part V of that Act;
(g) investigating or resolving a complaint under the Ombudsman Act 1976 or the Privacy Act 1988 ;
(h) conducting a NACC Act process (within the meaning of the National Anti - Corruption Commission Act 2022 );
(i) proceedings in relation to a complaint, allegation or issue mentioned in paragraph (e), (f), (g) or (h);
(j) deciding whether to institute proceedings, to make an application or request, or to take any other action, mentioned in:
(i) any of the preceding paragraphs of this subsection; or
(ii) subsection (1) or (2);
(k) the performance of the functions of the Australian Federal Police under section 8 of the Australian Federal Police Act 1979 .
(5) A constable or Commonwealth officer may use a thing seized under this Part for any other use that is required or authorised by or under a law of a State or a Territory.
(6) A constable or Commonwealth officer may make available to another constable or Commonwealth officer to use a thing seized under this Part for any purpose for which the making available of the thing is required or authorised by a law of a State or Territory.
(7) To avoid doubt, this section does not limit any other law of the Commonwealth that:
(a) requires or authorises the use of a document or other thing; or
(b) requires or authorises the making available (however described) of a document or other thing.
(8) A constable or Commonwealth officer may make available to an agency that has responsibility for:
(a) law enforcement in a foreign country; or
(b) intelligence gathering for a foreign country; or
(c) the security of a foreign country;
a thing seized under this Part to be used by that agency for:
(d) a purpose mentioned in subsection (1), (2), (4), (5) or (6); or
(e) the purpose of performing a function, or exercising a power, conferred by a law in force in that foreign country.
Ministerial arrangements for sharing
(9) This Division does not prevent the Minister from making an arrangement with a Minister of a State or Territory for:
(a) the making available to a State or Territory law enforcement agency of that State or Territory, for purposes mentioned in subsections (1), (2), (4), (6) and (8), of things seized under this Part; and
(b) the disposal by the agency of such things, originals and copies when they are no longer of use to that agency for those purposes.
Note: This subsection does not empower the Minister to make such an arrangement.
(10) In this section:
"State or Territory law enforcement agency" means:
(a) the police force or police service of a State or Territory; or
(b) the New South Wales Crime Commission; or
(c) the Independent Commission Against Corruption of New South Wales; or
(d) the Law Enforcement Conduct Commission of New South Wales; or
(e) the Independent Broad - based Anti - corruption Commission of Victoria; or
(f) the Crime and Corruption Commission of Queensland; or
(g) the Corruption and Crime Commission of Western Australia; or
(h) the Independent Commissioner Against Corruption of South Australia.
3ZQUA Commonwealth law permitting access to things seized under this Part does not apply
(1) This section applies if, disregarding this section, a law of the Commonwealth (other than this Part) requires or permits any of the following to be made available to a person covered under subsection (3):
(a) a thing seized under this Part;
(b) if a thing contains data that ASIC or the Australian Federal Police came into possession of as a result of exercising powers under this Part--the thing.
(2) Subject to subsection (4), that law does not require or permit the thing to be made available to the person.
(3) A person is covered under this subsection if the person is not, and is not representing, the Commonwealth, a State or a Territory.
(4) This section does not affect any of the following:
(a) the power of a court, or of a tribunal (within the meaning of the Australian Securities and Investments Commission Act 2001 ), to make an order;
(b) the effect of an order of a court, or of a tribunal (within the meaning of that Act).
(5) This section does not affect the operation of the Freedom of Information Act 1982 .