Document ID: chunk:federal_register_of_legislation:F2023L00553:clause:1_10:p2
Version: federal_register_of_legislation:F2023L00553
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 2/4)
Character Range: 10433–13626

Note 2: For the purposes of paragraph (2)(g), subsection 178A(3) specifies that the authorised officer must be satisfied of certain things before making the authorisation.

       (3)      An authorisation mentioned in subsection (1) or (2), 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.

11 Authorisations for access to existing information or documents by the Australian Federal Police – enforcing foreign or international laws

       (1)       An authorisation made under subsection 180A(2) 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(s) from whom disclosure is sought;

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

           (f)     a statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for:

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

                (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;

           (g)    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.

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

       (2)       An authorisation made under subsection 180A(4) 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 foreign law enforcement agency for which the disclosure is requested;

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

           (f)     a statement that the information or documents being disclosed to the foreign law enforcement agency under the authorisation were obtained via an authorisation under subsection 180A(2) of the Act;

           (g)    a statement that the authorised officer is satisfied 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