Crimes Act 1914
Part IB
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Sentencing, imprisonment and release of federal offenders
Division 9A
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Sharing information relevant to federal offenders
SECTION 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:
(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.
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Hide history noteRequesting 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.
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