CRIMES ACT 1914

PART VIIC - PARDONS, QUASHED CONVICTIONS AND SPENT CONVICTIONS  

Division 6 - Exclusions  

Subdivision B - Exclusions (Division 3)  

SECTION 85ZZH   85ZZH   EXCLUSIONS  
Division 3 does not apply in relation to the disclosure of information to or by, or the taking into account of information by a person or body referred to in one of the following paragraphs for the purpose specified in relation to the person or body:


(a) a law enforcement agency, for the purpose of making decisions in relation to prosecution or sentencing or of assessing:


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

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


(b) an intelligence or security agency, for the purpose of assessing:


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

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


(c) a court or tribunal established under a Commonwealth law, a State law or a Territory law, for the purpose of making a decision, including a decision in relation to sentencing;


(d) a person who makes a decision under the Migration Act 1958 , the Australian Citizenship Act 2007 , or the Immigration Act 1980 of the Territory of Norfolk Island, for the purpose of making that decision;


(e) (Repealed by No 28 of 2010)


(f) (Repealed by No 28 of 2010)


(g) a Commonwealth authority, for the purpose of assessing appointees or prospective appointees to a designated position;


(h) AUSTRAC, for the purpose of assessing:


(i) prospective members of the staff of AUSTRAC; or

(ii) persons proposed to be engaged as consultants under subsection 225(1) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ; or

(iii) persons whose services are proposed to be made available to AUSTRAC under subsection 225(3) of that Act;


(j) the Australian Government Solicitor, for the purpose of instituting or conducting proceedings for Commonwealth offences;


(k) a prescribed person or body, for a prescribed purpose, in relation to a conviction for a prescribed offence.




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