Document ID: chunk:federal_register_of_legislation:F2023L00553:clause:1_10:p1
Version: federal_register_of_legislation:F2023L00553
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 1/4)
Character Range: 7525–10713

10  Authorisation for access to existing information or documents

       (1)       An authorisation made under subsection 178(2) or 179(2) of the Act must include all of the following information:

           (a)    the name of the enforcement agency;

           (b)    the basis on which the agency is an enforcement agency;

           (c)    the identity of the authorised officer who is making the authorisation;

           (d)    the basis on which the officer is an authorised officer;

           (e)    the provisions of the Act under which the authorisation is made;

           (f)     the name of the person(s) from whom disclosure is sought;

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

           (h)    a statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for one or more of the following:

                (i)                 the enforcement of the criminal law;

                (ii)               the enforcement of a law imposing a pecuniary penalty;

                (iii)            the protection of the public revenue;

           (i)      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.

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

       (2)      An authorisation made under subsection 178A(2) of the Act must include all of the following information:

           (a)    the name of the police force;

           (b)    the identity of the authorised officer who is making the authorisation;

           (c)    the basis on which the officer is an authorised officer;

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

           (e)    the name of the person(s) from whom disclosure is sought;

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

           (g)    a statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the purposes of finding a person who the police force has been notified is missing;

           (h)    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.

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

             Note 1: For the purposes of paragraph (1)(h), subsections 178(3) and 179(3) specify that the authorised officer must be satisfied of certain things before making the authorisation.

             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,