Document ID: chunk:federal_register_of_legislation:F2023L00553:clause:1_3:p3
Version: federal_register_of_legislation:F2023L00553
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 3/6)
Character Range: 31601–34815

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 case of a disclosure to an enforcement agency – a statement that the authorised officer is satisfied that the disclosure is reasonably necessary for:

                (i)                 the enforcement of the criminal law; or

                (ii)               the purposes of Division 105A of the Criminal Code (continuing detention orders); or

                (iii)            the enforcement of a law imposing a pecuniary penalty; or

                (iv)             the protection of the public revenue;

           (i)      in the case of a use by the Australian Federal Police – a statement that the authorised officer is satisfied that the use is reasonably necessary for:

                (i)                 the enforcement of the criminal law; or

                (ii)               the purposes of Division 105A of the Criminal Code (continuing detention orders); or

                (iii)            the enforcement of a law imposing a pecuniary penalty; or

                (iv)             the protection of the public revenue;

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

           (k)    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.

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

       (2)      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.

Division 3 – Notifications of authorisations

16 Notification of an authorisation

       (1)       For the purposes of subsections 184(1), (3) and (5) of the Act, a notification of an authorisation must include all of the following information:

           (a)    the name of the agency making the notification;

           (b)    the identity of the person who is making the notification;

           (c)    the identity of the authorised officer who made the authorisation;

           (d)    the provision of the Act under which the notification is made;

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

           (f)     the means by which the information or documents should be disclosed to the person;

           (g)    the date on which the authorisation was made;

           (h)    the date on which the notification is made.

       (2)       A notification of an authorisation must:

           (a)    if the notification is in written form – be signed by its maker; or

           (b)    if the notification is in electronic form – state