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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 68

Chief officer may communicate information obtained by agency

                   The chief officer of an agency (in this section called the originating agency ) may, personally, or by an officer of the originating agency authorised by the chief officer, communicate lawfully intercepted information (other than general computer access intercept information, data disruption intercept information or network activity warrant intercept information) that was originally obtained by the originating agency or interception warrant information:

                     (a)  if the information relates, or appears to relate, to activities prejudicial to security--to the Director-General of Security; and

                     (b)  if the information relates, or appears to relate, to the commission of a relevant offence in relation to another agency:

                              (i)  if the other agency is the Australian Federal Police or the Police Force of a State--to a member of the Australian Federal Police or an officer of that Police Force, as the case may be; or

                             (ii)  in any other case--to the chief officer of the other agency; and

                     (c)  if the information relates, or appears to relate, to:

                              (i)  the subject matter of a proceeding under a law of the Commonwealth for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or

                            (ia)  the subject matter of a proceeding under, or in relation to a matter arising under, the main unexplained wealth provisions; or

                             (ii)  an act or omission by a member of the Australian Federal Police that may give rise to a proceeding against that member, or to which a proceeding against that member relates, being a police disciplinary proceeding; or

                           (iia)  an act or omission by an AFP employee or special member of the Australian Federal Police that may give rise to a decision by the Commissioner of Police to terminate the employment of the employee or the appointment of the special member; or

                            (iii)  misbehaviour or improper conduct of an officer of the Commonwealth;

                            and the originating agency is not the Australian Federal Police--to the Commissioner of Police; and

                    (ca)  if:

                              (i)  the information relates, or appears to relate, to an act or omission by a member of the staff of the ACC that may give rise to a decision by the Chief Executive Officer of the ACC to terminate the employment of the staff member; and

                             (ii)  the originating agency is not the ACC;

                            to the Chief Executive Officer of the ACC; and

                     (d)  if the information relates, or appears to relate, to:

                              (i)  the subject matter of a proceeding under a law of a State for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or

                          (iaa)  the subject matter of a proceeding under, or in relation to a matter arising under, the unexplained wealth legislation of a participating State, the Australian Capital Territory or the Northern Territory; or

                            (ia)  the subject matter of a proceeding under, or in relation to a matter arising under, an organised crime control law of a State; or

                             (ii)  an act or omission by an officer of the Police Force of a State that may give rise to a proceeding against that officer, or to which a proceeding against that officer relates, being a police disciplinary proceeding; or

                           (iia)  an act or omission by an officer or member of staff of the Police Force of a State that may give rise to a decision by the Commissioner of that Police Force to terminate the appointment of the officer or member of staff; or

                            (iii)  misbehaviour or improper conduct of an officer of a State;

                            and the originating agency is not the Police Force of that State--to the Commissioner of that Police Force; and

                   (da)  if the information relates, or appears to relate, to the commission of a relevant offence in relation to an eligible Commonwealth authority--to the chief officer of the eligible Commonwealth authority; and

                   (db)  if the information relates, or appears to relate, to a corruption issue or an ACLEI corruption issue (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 )--to the Integrity Commissioner; and

                    (ea)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Independent Commission Against Corruption--to the Chief Commissioner of the Independent Commission Against Corruption; and

                   (eb)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Inspector of the Independent Commission Against Corruption--to the Inspector of the Independent Commission Against Corruption; and

                    (ec)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the IBAC--to the Commissioner of the IBAC; and

                   (ed)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Victorian Inspectorate--to the Inspector of the Victorian Inspectorate; and

                      (f)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Law Enforcement Conduct Commission--to the Chief Commissioner of the Commission; and

                    (fa)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Inspector of the Law Enforcement Conduct Commission--to the Inspector; and

                     (h)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Crime and Corruption Commission--to the Commissioner of the Crime and Corruption Commission; and

                      (j)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Corruption and Crime Commission--to the Commissioner of the Corruption and Crime Commission; and

                    (ja)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Independent Commissioner Against Corruption--to the Independent Commissioner Against Corruption; and

                     (k)  if the information relates, or appears to relate, to a matter that may give rise to the dealing by the Parliamentary Inspector of the Corruption and Crime Commission with a matter of misconduct (within the meaning of the Corruption and Crime Commission Act)--to the Parliamentary Inspector of the Corruption and Crime Commission; and

                      (l)  if the Attorney-General has authorised the provision of the information to a foreign country under subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987-- to that foreign country, or to the Secretary of the Department administered by that Minister for the purpose of providing the information to that foreign country; and

                    (la)  if the Attorney-General has authorised the provision of the information to the International Criminal Court under section 69A of the International Criminal Court Act 2002 --to:

                              (i)  that Court; or

                             (ii)  the Secretary of the Department administered by that Minister for the purpose of providing the information to that Court; and

                    (lb)  if the Attorney-General has authorised the provision of the information to a War Crimes Tribunal under section 25A of the International War Crimes Tribunals Act 1995 --to:

                              (i)  that Tribunal; or

                             (ii)  the Secretary of the Department administered by that Minister for the purpose of providing the information to that Tribunal; and

                    (m)  to the chief officer of the Australian Federal Police or the ACC, if the information relates, or appears to relate, to either of the following:

                              (i)  a matter in relation to which an application for an integrity authority may be made, is intended to be made or has been made in relation to that agency;

                             (ii)  a matter in relation to which that agency has conducted, or is conducting, an integrity operation; and

                     (n)  to the chief officer of the Australian Commission for Law Enforcement Integrity, if the information relates, or appears to relate, to either of the following:

                              (i)  a matter in relation to which an application for an integrity authority may be made, is intended to be made or has been made in relation to the Australian Federal Police, the ACC or the Immigration and Border Protection Department;

                             (ii)  a matter in relation to which the Australian Commission for Law Enforcement Integrity has conducted, or is conducting, an integrity operation; and

                     (o)  if the originating agency is the Australian Commission for Law Enforcement Integrity--to the Secretary of the Immigration and Border Protection Department, in the case of information that relates, or appears to relate, to either of the following:

                              (i)  a matter in relation to which an application for an integrity authority may be made, is intended to be made or has been made in relation to the Immigration and Border Protection Department;

                             (ii)  a matter in relation to which the Immigration and Border Protection Department is conducting an integrity operation; and

                     (p)  to a member of ASIC or a staff member of ASIC, if the information relates, or appears to relate, to a matter that may give rise to an investigation by ASIC of:

                              (i)  a serious offence; or

                             (ii)  the likely commission of a serious offence.



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