Crimes Act 1914

PART VIIC - PARDONS, QUASHED CONVICTIONS AND SPENT CONVICTIONS  

Division 6 - Exclusions  

Subdivision BB - Use and disclosure of spent etc. conviction information by ASIO, ACC and other intelligence or security agencies  

SECTION 85ZZJC   USE AND DISCLOSURE OF SPENT ETC. CONVICTION INFORMATION BY ASIO, ACC AND OTHER INTELLIGENCE OR SECURITY AGENCIES  

Spent, pardoned and quashed convictions

85ZZJC(1)    
ASIO or an ASIO officer may use or disclose information, relating to a person ' s conviction of an offence that is spent, pardoned or quashed, in the performance of the functions, or the exercise of the powers, of ASIO or the officer.

85ZZJC(2)    
The ACC or an ACC officer may use or disclose information, relating to a person ' s conviction of an offence that is spent, pardoned or quashed, in the performance of the ACC ' s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 .

Note:

The ACC ' s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 relates to criminal intelligence assessments.

85ZZJC(3)    
An intelligence or security agency may use or disclose information, relating to a person ' s conviction of an offence that is spent, pardoned or quashed, for the purpose of assessing:

(a)    prospective employees or prospective members of the agency; or

(b)    persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency.

Persons being found guilty of offences but discharged without conviction

85ZZJC(4)    
ASIO or an ASIO officer may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, in the performance of the functions, or the exercise of the powers, of ASIO or the officer.

85ZZJC(5)    
The ACC or an ACC officer may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, in the performance of the ACC ' s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 .

Note:

The ACC ' s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 relates to criminal intelligence assessments.

85ZZJC(6)    
An intelligence or security agency may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, for the purpose of assessing:

(a)    prospective employees or prospective members of the agency; or

(b)    persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency.

Relationship with other laws

85ZZJC(7)    
Nothing in this section limits any other power of ASIO, the ACC or an intelligence or security agency to use or disclose information:

(a)    relating to a person ' s conviction of an offence that is spent, pardoned or quashed; or

(b)    relating to a person having been charged with and found guilty of an offence but discharged without conviction.

Interpretation

85ZZJC(8)    
This section has effect:

(a)    despite subsection 85ZP(3) and Divisions 2 and 3 ; and

(b)    despite any law of a State or Territory.

85ZZJC(9)    
In this section:

ACC officer
means:

(a) a member of the staff of the ACC; or

(b) the Chief Executive Officer of the ACC.

ASIO
means the Australian Security Intelligence Organisation.

ASIO officer
means:

(a) the Director-General of Security; or

(b) an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979 ); or

(c) an ASIO affiliate (within the meaning of that Act).