Document ID: chunk:federal_register_of_legislation:C2025C00037:section:45:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 45 (pt 2/6)
Character Range: 286326–289086

Australian Security Intelligence Organisation Act 1979), an ASIO employee (within the meaning of that Act) or an ASIO affiliate (within the meaning of that Act); or
 (ii) protected information referred to in paragraph (d)—by the agency head (within the meaning of the Intelligence Services Act 2001), or a staff member (within the meaning of that Act), of an agency (within the meaning of that Act);
  in the performance of his or her official functions; or
 (f) the communication of information for the purpose of providing it to one of the following entities (or to an appropriate authority of that entity):
 (i) a foreign country;
 (ii) the International Criminal Court;
 (iii) a War Crimes Tribunal;
  if the information was obtained under, or relates to, a surveillance device warrant issued in relation to an international assistance authorisation requested by that entity; or
 (g) the communication of information for the purpose of providing it to a foreign country, or an appropriate authority of a foreign country, if this has been authorised under subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987; or
 (h) the communication of information for the purpose of providing it to the International Criminal Court, if this has been authorised under section 69A of the International Criminal Court Act 2002; or
 (i) the communication of information for the purpose of providing it to a War Crimes Tribunal, if this has been authorised under section 25A of the International War Crimes Tribunals Act 1995.
 (5) Protected information may be used, recorded, communicated or published, or may be admitted in evidence, if it is necessary to do so for any of the following purposes:
 (a) the investigation of a relevant offence (including a State or Territory relevant offence but not including a relevant offence referred to in paragraph (d) or (i)) or the making of a report on the outcome of such an investigation;
 (b) the making of a decision whether or not to bring a prosecution for a relevant offence (including a State or Territory relevant offence but not including a relevant offence referred to in paragraph (d) or (i));
 (c) a relevant proceeding (not including a relevant proceeding in respect of a relevant offence referred to in paragraph (d) or (i)) or a State or Territory relevant proceeding;
 (d) an investigation of a complaint against, or into the conduct of, a public officer within the meaning of this Act and also any subsequent investigation or prosecution of a relevant offence arising directly from the investigation of the complaint, or into the conduct;
 (e) the making of a decision in relation to the appointment, term of appointment, termination of the appointment, or retirement, of a person referred to in