Commonwealth Consolidated Acts

AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 21B

Notations prohibiting disclosures of information about a notice

  (1)   Subsections   (2) to (4) provide when a notice under subsection   21A(1) can include a notation to the effect that disclosure of information about:

  (a)   the notice; or

  (b)   any official matter connected with it;

is prohibited except in any circumstances specified in the notation.

  (2)   The notice must include such a notation if the examiner issuing the notice is satisfied that the failure to do so would reasonably be expected to prejudice:

  (a)   a person's safety or reputation; or

  (b)   a person's fair trial, if the person has been charged with an offence or such a charge is imminent; or

  (c)   the effectiveness of an operation or investigation.

  (3)   The notice may include such a notation if the examiner issuing the notice is satisfied that the failure to do so:

  (a)   might prejudice:

  (i)   a person's safety or reputation; or

  (ii)   a person's fair trial, if the person has been charged with an offence or such a charge is imminent; or

  (iii)   the effectiveness of an operation or investigation; or

  (b)   might otherwise be contrary to the public interest.

  (4)   The notice must not include such a notation in any other case.

Written statement to accompany notation

  (5)   If such a notation is included in the notice, it must be accompanied by a written statement setting out the rights and obligations conferred or imposed by section   21C on the person who was served the notice.

When notations are cancelled

  (6)   Such a notation included in the notice is cancelled if:

  (a)   the ACC concludes the special ACC operation/investigation to which the notice relates; and

  (b)   all criminal proceedings (if any) resulting from the operation or investigation have commenced.

  (7)   If a notation is cancelled by subsection   (6), the CEO must give written advice of the cancellation to the person who was served the notice.

Relationship with the Privacy Act 1988

  (8)   For the purposes of the Privacy Act 1988 , if:

  (a)   a notation has been included under, but not cancelled by, this section; and

  (b)   apart from this subsection, a credit reporting body (within the meaning of that Act) would be required, under subsection   20E(5) of that Act, to make a note about the disclosure of information to which the notation relates;

such a note must not be made until the notation is cancelled.