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) of this section.
Prospective authorisation
(2) An authorised officer of the Australian Federal Police may authorise the disclosure of specified information or specified documents that come into existence during the period for which the authorisation is in force.
(3) The authorised officer must not make the authorisation unless:
(a) the Attorney - General has authorised the making of the authorisation under a provision mentioned in an item of the following table; and
(b) the authorised officer is satisfied that:
(i) the disclosure is reasonably necessary for an investigation or proceeding referred to in that table item; and
(ii) the disclosure is appropriate in all the circumstances.
Authorising access to prospective information or documents | ||
Item | For Attorney - General authorisations under: | the investigation or proceeding is: |
1 | section 15D of the Mutual Assistance in Criminal Matters Act 1987 | an investigation or proceeding relating to an offence against the law of a foreign country that: (a) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or (b) involves an act or omission that, if it had occurred in Australia, would be a serious offence |
2 | section 78B of the International Criminal Court Act 2002 | an investigation or proceeding relating to a crime within the jurisdiction of the ICC |
3 | section 34B of the International War Crimes Tribunals Act 1995 | an investigation or proceeding relating to a War Crimes Tribunal offence |
(4) An authorised officer of the Australian Federal Police must revoke the authorisation if he or she is satisfied that the disclosure is no longer required.
Note: Section 184 deals with notification of revocations.
(5) An authorisation under subsection (2):
(a) comes into force at the time the person from whom the disclosure is sought receives notification of the authorisation; and
(b) ceases to be in force at the time specified in the authorisation, which must not be more than 21 days after the day the authorisation is made, or that period as extended under subsection (6), unless it is revoked earlier.
Note: Section 184 deals with notification of authorisations.
Extension of prospective authorisation
(6) The period for which an authorisation under subsection (2) is in force may be extended once only, by an authorised officer of the Australian Federal Police, if the authorised officer is satisfied that the extension is:
(a) reasonably necessary for an investigation or proceeding of a kind referred to in the relevant table item in subsection (3); and
(b) appropriate in all the circumstances.
(7) An extension under subsection (6) must not be for more than 21 days from the day of the extension.
Disclosure to a foreign law enforcement agency
(8) 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 if the authorised officer is satisfied that the disclosure is:
(a) reasonably necessary for an investigation or proceeding of a kind referred to in the relevant table item in subsection (3); and
(b) appropriate in all the circumstances.
(9) An authorised officer must not make more than one authorisation a day under subsection (8).