CRIMES ACT 1914

Part IAAA - Delayed notification search warrants  

Division 5 - Using, sharing and returning things seized  

Subdivision A - Using and sharing things seized  

SECTION 3ZZEA   Purposes for which things may be used and shared   Use and sharing of thing by eligible officer or Commonwealth officer

(1)  
An eligible officer of an eligible agency or a Commonwealth officer may use, or make available to another eligible officer or Commonwealth officer to use, a thing seized under this Part 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 for the forfeiture of the thing under a law of the Commonwealth;


(d) 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 ;


(e) 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;


(f) 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;


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


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


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


(j) 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;


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

(2)  
An eligible officer of an eligible agency or a Commonwealth officer may use a thing seized under this Part for any other use that is required or authorised by or under a law of a State or a Territory.

(3)  
An eligible officer of an eligible agency may make available to another eligible officer of an eligible agency or a Commonwealth officer to use a thing seized under this Part 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 thing; or


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

(5)  
An eligible officer of an eligible agency or a Commonwealth officer may make a thing seized under this Part 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 (k) (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


(b) the disposal by the agency of such things 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.


 

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