Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 (153 of 2015)
Schedule 9 Sharing information relevant to federal offenders
Crimes Act 1914
1 After Division 9 of Part IB
Insert:
Division 9A - Sharing information relevant to federal offenders
20BZ Definitions
In this Division:
authorised officer means:
(a) the Attorney-General; or
(b) the Secretary of the Department.
Note: The Attorney-General's powers and functions under this Division may be delegated under section 17 of the Law Officers Act 1964.The Secretary's powers and functions under this Division may be delegated under section 20BZC of this Act.
relevant person means any of the following:
(a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979);
(b) a member of the police force or police service of a State or Territory;
(c) a person who exercises powers under, or performs functions or duties in connection with, any of the following:
(i) the Australian Crime Commission Act 2002;
(ii) the Crime Commission Act 2012 (NSW);
(iii) the Independent Commission Against Corruption Act 1988 (NSW);
(iv) the Police Integrity Commission Act 1996 (NSW);
(v) the Independent Broad-based Anti-corruption Commission Act 2011 (Vic.);
(vi) the Crime and Corruption Act 2001 (Qld);
(vii) the Corruption and Crime Commission Act 2003 (WA);
(viii) the Independent Commissioner Against Corruption Act 2012 (SA);
(ix) the Integrity Commission Act 2009 (Tas.);
(d) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;
(e) a member of the staff of the Office of the Director of Public Prosecutions (within the meaning of the Director of Public Prosecutions Act 1983) or of a similar body established under a law of a State or Territory;
(f) an officer or employee of a State or Territory, or of an authority of a State or Territory, whose duties relate to corrective services (including prison medical services), justice or parole;
(g) a person who provides services for, or on behalf of, a State or Territory, or an authority of a State or Territory, in relation to corrective services (including prison medical services), justice or parole;
(h) an officer of Customs;
(i) an officer or employee of a Department responsible for administering:
(i) the Australian Passports Act 2005; or
(ii) the Defence Force Discipline Act 1982; or
(iii) the Migration Act 1958;
(j) a member of the Defence Force;
(k) a staff member (within the meaning of the Australian Securities and Investments Commission Act 2001);
(l) a taxation officer (within the meaning of Schedule 1 to the Taxation Administration Act 1953);
(m) an officer or employee of the State Debt Recovery Office of New South Wales, or of a similar body established under a law of a State or Territory;
(n) the Registrar or another appropriate officer of a court;
(o) a person who performs functions or duties in connection with a superannuation scheme (within the meaning of the Crimes (Superannuation Benefits) Act 1989) of a person who is or was an employee (within the meaning of that Act);
(p) a practitioner (within the meaning of Part VAA of the Health Insurance Act 1973) who has provided services (within the meaning of that Part) to a federal offender.
20BZA Authorised officers may request or require information relevant to federal offenders
Requesting information to be given
(1) An authorised officer may request a relevant person, or a person prescribed by regulation for the purposes of this subsection, to give the officer information that the officer reasonably believes to be relevant to:
(a) the administration or execution of:
(i) this Part; or
(ii) section 15A (enforcement of fines); or
(iii) Division 5 (escape from criminal detention) of Part III; or
(iv) the Crimes (Superannuation Benefits) Act 1989; or
(v) the Transfer of Prisoners Act 1983; or
(b) the exercise of a power under, or the performance of a function or duty in connection with, a law of a State or Territory applied by paragraph 68(1)(d) of the Judiciary Act 1903 (procedure for hearing and determining appeals arising out of trials, convictions and connected proceedings); or
(c) the exercise of the Royal prerogative of mercy by the Crown in right of the Commonwealth.
(2) The request need not be in writing.
Requiring information to be given
(3) An authorised officer may, by written notice, require a relevant person, or a person prescribed by regulation for the purposes of this subsection, to give the officer information of a kind mentioned in subsection (1).
(4) A person given a notice under subsection (3) must, as soon as practicable after the notice is given, comply with it to the extent that he or she has, or can reasonably acquire, the information.
(5) Subsection (4) applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).
(6) Despite subsection (4), the Registrar or another officer of a court is not required to comply with a notice given under subsection (3) to the extent that the information relates to proceedings that have not been finally determined by the court.
20BZB Authorised officers may disclose federal offender information
(1) An authorised officer may disclose federal offender information to a relevant person if the officer reasonably believes that the disclosure is necessary to enable the relevant person to exercise the person's powers, or to perform the person's functions or duties.
(2) An authorised officer may disclose federal offender information to a person prescribed by regulation for the purposes of this subsection in a circumstance prescribed by regulation in relation to the person.
(3) Subsections (1) and (2) apply despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).
(4) In this section:
federal offender information means:
(a) information acquired by an authorised officer, or an APS employee in the Department, in the exercise of a power under, or the performance of a function or duty in connection with:
(i) this Part; or
(ii) section 15A (enforcement of fines); or
(iii) Division 5 (escape from criminal detention) of Part III; or
(iv) the Crimes (Superannuation Benefits) Act 1989; or
(v) the Transfer of Prisoners Act 1983; or
(vi) a law of a State or Territory applied by paragraph 68(1)(d) of the Judiciary Act 1903 (procedure for hearing and determining appeals arising out of trials, convictions and connected proceedings); or
(b) information acquired by an authorised officer in the performance of a function or duty in connection with the exercise of the Royal prerogative of mercy by the Crown in right of the Commonwealth.
20BZC Delegation
The Secretary of the Department may, in writing, delegate any of his or her powers or functions under this Division to an APS employee in the Department who performs duties in connection with:
(a) the administration or execution of:
(i) this Part; or
(ii) section 15A (enforcement of fines); or
(iii) Division 5 (escape from criminal detention) of Part III; or
(iv) the Crimes (Superannuation Benefits) Act 1989; or
(v) the Transfer of Prisoners Act 1983; or
(b) a law of a State or Territory applied by paragraph 68(1)(d) of the Judiciary Act 1903 (procedure for hearing and determining appeals arising out of trials, convictions and connected proceedings); or
(c) the exercise of the Royal prerogative of mercy by the Crown in right of the Commonwealth.