Document ID: chunk:federal_register_of_legislation:C2024C00075:section:26:p1
Version: federal_register_of_legislation:C2024C00075
Segment Type: section
Provision Reference: s 26 (pt 1/2)
Character Range: 69446–71928

26  Commissioner and members not to be required to disclose information
 (1) Subject to subsection (3), the Commissioner, a Deputy Commissioner, an AFP employee or a special member of the Australian Federal Police is not to be required:
 (a) to produce in a court, or before a tribunal, a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry, any document that has come into the custody or control of the person in the course of, or because of, the performance of functions or duties, or the exercise of powers, under this Act; or
 (b) to divulge or communicate to or before such a body any matter or thing that has come to the notice of the person in the performance of functions or duties, or the exercise of powers, under this Act; or
 (c) to divulge or communicate to or before such a body information, if:
 (i) the information is about the identity of, or disclosure of the information is such as to reveal the identity of, an AFP employee or special member of the Australian Federal Police who is involved in the operation of the NWPP; and
 (ii) the person has the information as a result of the performance of functions or duties, or the exercise of powers, under this Act;
except where it is necessary to do so for the purpose of carrying the provisions of this Act into effect.
 (2) Subject to subsection (3), the Commonwealth Ombudsman or a member of the staff of the Commonwealth Ombudsman is not to be required:
 (a) to produce in a court, or before a tribunal, a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry, any document that has come into the custody or control of the person in relation to this Act; or
 (b) to divulge or communicate to or before such a body any matter or thing that has come to the notice of the person in relation to this Act; or
 (c) to divulge or communicate to or before such a body information, if:
 (i) the information is about the identity of, or disclosure of the information is such as to reveal the identity of, an AFP employee or special member of the Australian Federal Police who is involved in the operation of the NWPP; and
 (ii) the person has the information as a result of the performance of functions or duties, or the exercise of powers, in relation to this Act;
except where it is necessary to do so for the purpose of carrying the provisions of this Act into effect.
 (3) If it is essential to the determination of legal proceedings