South Australian Numbered Acts South Australian Numbered Acts43—Furnishing of reports and information
(1) The Chair of the
Board must keep the Commonwealth Minister informed of the general conduct of
the ACC in the performance of the ACC’s functions under this Act. If the
Commonwealth Minister requests the Chair of the Board to provide to him or her
information concerning a specific matter relating to the ACC’s conduct
in the performance of its functions under this Act, the Chair must comply with
the request.
(2) Subject to
subsection (3), if a State Minister who is a member of the
Inter-Governmental Committee requests the Chair of the Board to provide to him
or her information concerning a specific matter relating to the ACC’s
conduct in the performance of its functions under this Act, the Chair must
comply with the request.
(3) If the Chair of
the Board considers that disclosure of information to the public could
prejudice the safety or reputation of persons or the operations of law
enforcement agencies, the Chair must not provide the information under
subsection (2).
(4) Subject to
subsection (6), the Chair of the Board—
(a)
must, when requested by the Inter-Governmental Committee to furnish
information to the Committee concerning a specific matter relating to an ACC
operation/investigation that the ACC has conducted or is conducting, comply
with the request; and
(b)
must, when requested by the Inter-Governmental Committee to do so, and may at
such other times as the Chair of the Board thinks appropriate, inform the
Committee concerning the general conduct of the ACC in the performance of the
ACC’s functions under this Act.
(5) Subject to
subsection (6), the Chair of the Board must furnish to the
Inter-Governmental Committee, for transmission to the Governments represented
on the Committee, a report of the findings of any special ACC
operation/investigation conducted by the ACC.
(6) The Chair of the
Board must not furnish to the Inter-Governmental Committee any matter the
disclosure of which to members of the public could prejudice the safety or
reputation of persons or the operations of law enforcement agencies and, if
the findings of the ACC in an investigation include any such matter, the Chair
of the Board must prepare a separate report in relation to the matter and
furnish that report to the State Minister.
(7) The Chair of the
Board may include in a report furnished under subsection (5) a
recommendation that the report be laid before each House of the Parliament of
the State.
(8) The CEO may give
to—
(a) any
law enforcement agency; or
(b) any
foreign law enforcement agency; or
(c) any
other authority of the Commonwealth, a State or a Territory prescribed by the
regulations,
any information that has come into the ACC’s possession under this Act
and that is relevant to the activities of that agency or authority if—
(d) it
appears to the CEO to be appropriate to do so; and
(e) to
do so would not be contrary to a law of the Commonwealth, a State or a
Territory that would otherwise apply.
(9) The CEO may,
whenever it appears to the CEO to be appropriate to do so, furnish to
authorities and persons responsible for taking civil remedies by or on behalf
of the Crown in right of the Commonwealth, of a State or of a Territory any
information that has come into the ACC’s possession under this Act and
that may be relevant for the purposes of so taking such remedies in respect of
matters connected with, or arising out of, offences against the laws of the
Commonwealth, of a State or of a Territory, as the case may be.
(10) Where any
information relating to the performance of the functions of an authority of
the Commonwealth or a State or the Administration of a Territory comes into
the ACC’s possession under this Act, the CEO may, if he or she considers
it desirable to do so—
(a)
furnish that information to the authority or Administration; and
(b) make
any recommendations to the authority or Administration as to the performance
of its functions that the CEO considers appropriate.
(11) A report under
this Act that sets out any finding that an offence has been committed, or
makes any recommendation for the institution of a prosecution in respect of an
offence, must not be made available to the public unless the finding or
recommendation is expressed to be based on evidence that would be admissible
in the prosecution of a person for that offence.
(12) The CEO may,
whenever it appears to the CEO to be appropriate to do so, furnish to the
Australian Security Intelligence Organisation any information that has come
into the ACC’s possession under this Act and that is relevant to
security as defined in section 4 of the Australian Security Intelligence
Organisation Act 1979 of the Commonwealth.