Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_69
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 69
Character Range: 116926–118401

69  Referral of matters to law enforcement agencies

 (1) If, in the course of an investigation under Division 2, the ACMA is satisfied that:
 (a) content is prohibited content or potential prohibited content; and
 (b) the content is of a sufficiently serious nature to warrant referral to a law enforcement agency;
the ACMA must notify the content to:
 (c) a member of an Australian police force; or
 (d) if there is an arrangement between the ACMA and the chief (however described) of an Australian police force under which the ACMA is authorised to notify the content to another person or body—that other person or body.

Referral to law enforcement agency

 (2) The manner in which content may be notified under paragraph (1)(c) to a member of an Australian police force includes (but is not limited to) a manner ascertained in accordance with an arrangement between the ACMA and the chief (however described) of the police force concerned.

 (3) If a member of an Australian police force is notified of particular content under this clause, the member may notify the content to a member of another law enforcement agency.

 (4) This clause does not limit the ACMA's powers to refer other matters to a member of an Australian police force.

Previous referral to law enforcement agency under Schedule 5

 (5) The ACMA is not required to notify particular content under subclause (1) if the ACMA has already notified the content under paragraph 40(1)(a) of Schedule 5.