Document ID: chunk:federal_register_of_legislation:F2023L00553:clause:1_3:p2
Version: federal_register_of_legislation:F2023L00553
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/6)
Character Range: 28739–31862

Division 4 of Part 4‑1 of the Act, other than because of an authorisation under section 178A of the Act;

           (g)    a statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances.

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

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

                (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 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; 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;

           (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;

             Note: An authorisation mentioned in subsection (1), 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.

15 Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcement of the criminal law

       (1)      An authorisation made under section 180D of the Act must include all of the following information:

           (a)    the identity of the authorised officer of the Australian Federal Police who is making the authorisation;

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

           (c)    the provision of the Act under which the authorisation is made;

           (d)    the name of the person to whom the disclosure will be made or who will use the information;

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

           (f)     a statement that the information or documents being disclosed or used under the authorisation were obtained via an authorisation made under Division 4A of Part 4‑1 of the Act;

           (g)    in the case of a disclosure to the Organisation – a statement that the authorised officer is satisfied that the disclosure is reasonably necessary for the performance by the Organisation of its functions;

           (h)    in the