Document ID: chunk:federal_register_of_legislation:C2004A00979:clause:2_14
Version: federal_register_of_legislation:C2004A00979
Segment Type: clause
Provision Reference: sch 2 cl 14
Character Range: 15314–17884

14  After subsection 27(11)
Insert:

Circumstances in which the Director may communicate FTR information to a foreign country

 (11A) Despite anything in section 25, the Director may communicate FTR information to a foreign country if:
 (a) the Director is satisfied that the foreign country has given appropriate undertakings for:
 (i) protecting the confidentiality of the information; and
 (ii) controlling the use that will be made of it; and
 (iii) ensuring that the information will be used only for the purpose for which it is communicated to the foreign country; and
 (b) it is appropriate, in all the circumstances of the case, to do so.

Circumstances in which the Commissioner of the Australian Federal Police may communicate FTR information to a foreign law enforcement agency

 (11B) The Commissioner of the Australian Federal Police may communicate FTR information to a foreign law enforcement agency if:
 (a) the Commissioner is satisfied that the foreign law enforcement agency has given appropriate undertakings for:
 (i) protecting the confidentiality of the information; and
 (ii) controlling the use that will be made of it; and
 (iii) ensuring that the information will be used only for the purpose for which it is communicated to the foreign country; and
 (b) it is appropriate, in all the circumstances of the case, to do so.

 (11C) The Commissioner of the Australian Federal Police may, in writing, authorise a member of the Australian Federal Police to communicate the FTR information to the foreign law enforcement agency on behalf of the Commissioner.

 (11D) If:
 (a) the Commissioner of the Australian Federal Police is authorised by the Director to access FTR information under paragraph (1)(d) (for the purposes of communicating it to a foreign law enforcement agency); and
 (b) the Director could not have authorised the Commissioner to access the information under paragraph (1)(b) (for the purposes of performing the functions of the Australian Federal Police);
then, despite subparagraphs (6)(a)(i) and (ii):
 (c) the Commissioner must not record, communicate or divulge the information except for the purposes of communicating it to the foreign law enforcement agency, and in accordance with subsections (11B) and (11C); and
 (d) a person authorised by the Commissioner under subsection (11C) to communicate the information to the foreign law enforcement agency on the Commissioner's behalf must not record, communicate or divulge the information except for the purposes of communicating it to the foreign law enforcement agency.