Document ID: chunk:federal_register_of_legislation:C2015A00039:clause:2_110a:p1
Version: federal_register_of_legislation:C2015A00039
Segment Type: clause
Provision Reference: sch 2 cl 110A (pt 1/3)
Character Range: 90794–93731

110A  Meaning of criminal law‑enforcement agency
 (1) Each of the following is a criminal law‑enforcement agency:
 (a) the Australian Federal Police;
 (b) a Police Force of a State;
 (c) the Australian Commission for Law Enforcement Integrity;
 (d) the ACC;
 (e) the Australian Customs and Border Protection Service;
 (ea) the Australian Securities and Investments Commission;
 (eb) the Australian Competition and Consumer Commission;
 (f) the Crime Commission;
 (g) the Independent Commission Against Corruption;
 (h) the Police Integrity Commission;
 (i) the IBAC;
 (j) the Crime and Corruption Commission of Queensland;
 (k) the Corruption and Crime Commission;
 (l) the Independent Commissioner Against Corruption;
 (m) subject to subsection (7), an authority or body for which a declaration under subsection (3) is in force.
 (2) The head of an authority or body may request the Minister to declare the authority or body to be a criminal law‑enforcement agency.
 (3) The Minister may, by legislative instrument, declare:
 (a) an authority or body to be a criminal law‑enforcement agency; and
 (b) persons specified, or of a kind specified, in the declaration to be officers of the criminal law‑enforcement agency for the purposes of this Act.
 (3A) The Minister may make the declaration whether or not the head of the authority or body has made a request under subsection (2).
 (3B) The Minister must not make the declaration unless the Minister is satisfied on reasonable grounds that the functions of the authority or body include investigating serious contraventions.
 (4) In considering whether to make the declaration, the Minister must have regard to:
 (b) whether access to stored communications, and the making of authorisations under section 180, would be reasonably likely to assist the authority or body in investigating serious contraventions; and
 (c) whether the authority or body:
 (i) is required to comply with the Australian Privacy Principles; or
 (ii) is required to comply with a binding scheme that provides protection of personal information that meets the requirements of subsection (4A); or
 (iii) has agreed in writing to comply with a scheme providing such protection of personal information, in relation to personal information disclosed to it under Chapter 3 or 4, if the declaration is made; and
 (d) whether the authority or body proposes to adopt processes and practices that would ensure its compliance with the obligations of a criminal law‑enforcement agency under Chapter 3, and the obligations of an enforcement agency under Chapter 4; and
 (e) whether the Minister considers that the declaration would be in the public interest; and
 (f) any other matter that the Minister considers relevant.
 (4A) For the purposes of subparagraphs (4)(c)(ii) and (iii), the protection of personal information provided by the scheme must:
 (a) be comparable to the protection provided by the Australian Privacy