Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (34 of 2018)
Schedule 1 Assistance to international courts and tribunals
Part 5 Prospective telecommunications data
Telecommunications (Interception and Access) Act 1979
76 Subsection 180B(3)
Repeal the subsection, substitute:
(3) The authorised officer must not make the authorisation unless:
(a) the Attorney-General has authorised the making of the authorisation under a provision mentioned in an item of the following table; and
(b) the authorised officer is satisfied that:
(i) the disclosure is reasonably necessary for an investigation or proceeding referred to in that table item; and
(ii) the disclosure is appropriate in all the circumstances.
|
Authorising access to prospective information or documents |
||
|---|---|---|
|
Item |
For Attorney-General authorisations under: |
the investigation or proceeding is: |
|
1 |
section 15D of the Mutual Assistance in Criminal Matters Act 1987 |
an investigation or proceeding relating to an offence against the law of a foreign country that: (a) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or (b) involves an act or omission that, if it had occurred in Australia, would be a serious offence |
|
2 |
section 78B of the International Criminal Court Act 2002 |
an investigation or proceeding relating to a crime within the jurisdiction of the ICC |
|
3 |
section 34B of the International War Crimes Tribunals Act 1995 |
an investigation or proceeding relating to a War Crimes Tribunal offence |
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