CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Divison 4C - Using, sharing and returning things seized and documents produced  

Subdivision A - Using and sharing things seized and documents produced  

SECTION 3ZQU   Purposes for which things and documents may be used and shared  

Use and sharing of thing or document by constable or Commonwealth officer

(1)  
A constable or Commonwealth officer may use, or make available to another constable or Commonwealth officer to use, a thing seized under this Part, or the original or a copy of a document produced under Division 4B , for the purpose of any or all of the following if it is necessary to do so for that purpose:


(a) preventing, investigating or prosecuting an offence;


(b) proceedings under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 ;


(c) proceedings under a corresponding law (within the meaning of either of the Acts mentioned in paragraph (b)) that relate to a State offence that has a federal aspect;


(d) proceedings for the forfeiture of the thing under a law of the Commonwealth;


(e) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Division 104 , 105 or 105A of the Criminal Code ;


(f) investigating or resolving a complaint or an allegation of misconduct relating to an exercise of a power or the performance of a function or duty under this Part;


(g) investigating or resolving an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979 ) under Part V of that Act;


(h) investigating or resolving a complaint under the Ombudsman Act 1976 or the Privacy Act 1988 ;


(i) investigating or inquiring into a corruption issue under the Law Enforcement Integrity Commissioner Act 2006 ;


(j) proceedings in relation to a complaint, allegation or issue mentioned in paragraph (f), (g), (h) or (i);


(k) deciding whether to institute proceedings, to make an application or request, or to take any other action, mentioned in any of the preceding paragraphs of this subsection;


(l) the performance of the functions of the Australian Federal Police under section 8 of the Australian Federal Police Act 1979 .

(2)  
A constable or Commonwealth officer may use a thing seized under this Part, or the original or a copy of a document produced under Division 4B , for any other use that is required or authorised by or under a law of a State or a Territory.

(3)  
A constable or Commonwealth officer may make available to another constable or Commonwealth officer to use a thing seized under this Part, or the original or a copy of a document produced under Division 4B , for any purpose for which the making available of the thing or document is required or authorised by a law of a State or Territory.

(4)  
To avoid doubt, this section does not limit any other law of the Commonwealth that:


(a) requires or authorises the use of a document or other thing; or


(b) requires or authorises the making available (however described) of a document or other thing. Sharing thing or document for use by State, Territory or foreign agency

(5)  
A constable or Commonwealth officer may make a thing seized under this Part, or the original or a copy of a document produced under Division 4B , available to:


(a) a State or Territory law enforcement agency; or


(b) an agency that has responsibility for:


(i) law enforcement in a foreign country; or

(ii) intelligence gathering for a foreign country; or

(iii) the security of a foreign country;

to be used by that agency for a purpose mentioned in subsection (1), (2) or (3) and the purpose of any or all of the following (but not for any other purpose):


(c) preventing, investigating or prosecuting an offence against a law of a State or Territory;


(d) proceedings under a corresponding law (within the meaning of the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 );


(e) proceedings for the forfeiture of the thing under a law of a State or Territory;


(f) deciding whether to institute proceedings or to take any other action mentioned in any of paragraphs (1)(a) to (l) (inclusive), subsection (2) or (3) or paragraph (c), (d) or (e) of this subsection. Ministerial arrangements for sharing

(6)  
This Division does not prevent the Minister from making an arrangement with a Minister of a State or Territory for:


(a) the making available to a State or Territory law enforcement agency of that State or Territory, for purposes mentioned in subsections (1), (3) and (5), of things seized under this Part and originals and copies of documents produced under Division 4B ; and


(b) the disposal by the agency of such things, originals and copies when they are no longer of use to that agency for those purposes.

Note:

This subsection does not empower the Minister to make such an arrangement.

Definition

(7)  


In this section:

State or Territory law enforcement agency
means:


(a) the police force or police service of a State or Territory; or


(b) the New South Wales Crime Commission; or


(c) the Independent Commission Against Corruption of New South Wales; or


(d) the Law Enforcement Conduct Commission of New South Wales; or


(e) the Independent Broad-based Anti-corruption Commission of Victoria; or


(f) the Crime and Corruption Commission of Queensland; or


(g) the Corruption and Crime Commission of Western Australia; or


(h) the Independent Commissioner Against Corruption of South Australia.




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