Document ID: chunk:federal_register_of_legislation:F2023L00553:clause:1_10:p3
Version: federal_register_of_legislation:F2023L00553
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 3/4)
Character Range: 13343–16583

the disclosure of the information or documents is being made to the foreign law enforcement agency subject to the following conditions:

                (i)                 that the information will only be used for the purposes for which the foreign law enforcement agency requested the information or documents; and

                (ii)               that any document or any other thing containing the information will be destroyed when it is no longer required for those purposes for which the foreign law enforcement agency requested the information or documents;

           (h)    a statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for:

                (i)                 the enforcement of the criminal law of a foreign country; or

                (ii)               an investigation or prosecution of a crime within the jurisdiction of the ICC; or

                (iii)            an investigation or prosecution of a War Crimes Tribunal offence;

           (i)      a statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances;

           (j)      a statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters set out in section 180F of the Act.

           (k)    the date on which the authorisation is made.

         (3) An authorisation mentioned in subsection (1) and (2), whether in written or electronic form, must be signed by its maker.

             Note: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.

12 Authorisation for access to prospective information or documents by criminal law-enforcement agencies

       (1)       An authorisation made under subsection 180(2) or (3) of the Act must include all of the following information:

           (a)    the name of the criminal law-enforcement agency;

           (b)    the basis on which the agency is a criminal law-enforcement agency;

           (c)    the identity of the authorised officer who is making the authorisation;

           (d)    the basis on which the officer is an authorised officer;

           (e)    the provisions of the Act under which the authorisation is made;

           (f)     the name of the person(s) from whom disclosure is sought;

           (g)    details of the information or documents to be disclosed;

           (h)    a statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the investigation of:

                (i)                 a serious offence; or

                (ii)               an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for at least 3 years;

 with the statement to include short particulars of the offence;

           (i)      a statement that the authorised officer is satisfied on reasonable grounds that any interference with