Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)Schedule 4 - Amendment of the Financial Transaction Reports Act 1988 (the FTR Act)
This item adds section 27AA which provides for ASIO to access FTR information.
Subsections 27AA(1) to (3) allow the Director of AUSTRAC to authorise ASIO to have access to FTR information for the purpose of performing ASIO's functions. The authorisation is to state the FTR information or class of FTR information to which ASIO has access. An authorisation under s27AA(1) will permit ASIO officers authorised by the Director-General of Security to access that information in accordance with the authorisation.
Subsection 27AA(4) prohibits an ASIO officer who obtains FTR information from divulging or communicating it other than to the following persons, for the purposes of or in connection with the performance of those persons' duties:
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- a police officer;
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- an IGIS officer; and
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- another ASIO officer.
When the person is no longer an ASIO officer, the person is prohibited from making a record of the information or divulging or communicating it in any circumstances.
Subsection 27AA(5) prohibits an IGIS officer who obtains FTR information from divulging or communicating it except to:
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- another IGIS officer for the purposes of or in connection with the performance of that officer's duties in relation to ASIO or its employees;
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- to the Director-General in a draft report under section 21 of the IGIS Act in relation to ASIO or its employees;
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- to Ministers or a complainant in a report under sections 22 or 23 of the IGIS Act in relation to ASIO or its employees, but only in a manner that does not identify and is not reasonably capable of being used to identify a person to whom the information relates; or
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- to Ministers or the Director-General in a report under section 25A of the IGIS Act.
When the person is no longer an IGIS officer the person is prohibited from making a record of the information or divulging or communicating it in any circumstances.
Subsection 27AA(6) proscribes requiring an ASIO or IGIS officer to produce in a court any document containing FTR information or divulge or communicate FTR information to any court.
Subsection 27AA(7) makes it an offence for an ASIO or IGIS officer or former officer to make a record of, divulge or communicate information in breach of section 27AA, subject to a penalty of two years imprisonment.
Subsections 27(6) to (13) deal with the use by a police officer of FTR information obtained from ASIO.
Subsection 27AA(8) defines "ASIO", "ASIO Officer" "IGIS officer" and "police officer" for the purposes of section 27AA.