Document ID: chunk:federal_register_of_legislation:C2024C00749:section:139:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 139 (pt 1/2)
Character Range: 531733–534422

139  Dealing for purposes of investigation etc.
 (1) An officer or staff member of a criminal law‑enforcement agency or an eligible Commonwealth authority may, for one or more purposes referred to in subsection (2) or (4A), and for no other purpose (other than a purpose referred to in subsection 139A(2) or 139B(2), if applicable), communicate to another person, make use of, or make a record of the following:
 (a) lawfully accessed information other than foreign intelligence information;
 (aa) preservation notice information;
 (b) stored communications warrant information.
 (2) In the case of information obtained by the agency other than through the execution of a warrant issued as a result of an international assistance application, the purposes are purposes connected with:
 (a) an investigation by the agency or by another criminal law‑enforcement agency of a contravention to which subsection (3) applies; or
 (b) the making by an authority, body or person of a decision whether or not to begin a proceeding to which subsection (4) applies; or
 (c) a proceeding to which subsection (4) applies; or
 (d) the keeping of records by the agency under Part 3‑5; or
 (e) an authorisation under any of the following provisions in respect of the information:
 (i) subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987;
 (ii) section 69A of the International Criminal Court Act 2002;
 (iii) section 25A of the International War Crimes Tribunals Act 1995.
 (3) A contravention to which this subsection applies is a contravention of a law of the Commonwealth, a State or a Territory that:
 (a) is a serious offence; or
 (b) is an offence punishable:
 (i) by imprisonment for a period, or a maximum period, of at least 12 months; or
 (ii) if the offence is committed by an individual—by a fine, or a maximum fine, of at least 60 penalty units; or
 (iii) if the offence cannot be committed by an individual—by a fine, or a maximum fine, of at least 300 penalty units; or
 (c) could, if established, render the person committing the contravention liable:
 (i) if the contravention were committed by an individual—to pay a pecuniary penalty of 60 penalty units or more, or to pay an amount that is the monetary equivalent of 60 penalty units or more; or
 (ii) if the contravention cannot be committed by an individual—to pay a pecuniary penalty of 300 penalty units or more, or to pay an amount that is the monetary equivalent of 300 penalty units or more.
 (4) A proceeding to which this subsection applies is:
 (a) a proceeding by way of a prosecution for an offence of a kind referred to in paragraph (3)(a) or (b); or
 (b) a proceeding for the confiscation or forfeiture