Document ID: chunk:federal_register_of_legislation:C2004A04103:schedule:2:p16
Version: federal_register_of_legislation:C2004A04103
Segment Type: schedule
Provision Reference: sch 2 (pt 16/17)
Character Range: 65079–67894

following subsections:

"(1) Where, in carrying out an investigation under paragraph 11 (1) (b) or subsection 11 (2), the Authority obtains evidence of an offence against a law of the Commonwealth or of a State or Territory, being evidence that would be admissible in a prosecution for the offence, the Authority must assemble the evidence and give it to:

     (a) the Attorney-General of the Commonwealth or the State, as the case requires; or

  (b) the relevant law enforcement agency; or

     (c) any person or authority (other than a law enforcement agency) who is authorised by or under a law of the Commonwealth or of the State or Territory to prosecute the offence.

"(1a) Where any evidence is obtained of an offence against a law of the Commonwealth or of a State or Territory, being evidence that:

     (a) is obtained in the course of investigations co-ordinated by the Authority under paragraph 11 (1) (d); and

  (b) would be admissible in a prosecution for the offence;

the Authority must do its best to ensure that the evidence is assembled and given to:

     (c) the Attorney-General of the Commonwealth or the State, as the case requires; or

  (d) the relevant law enforcement agency; or

     (e) any person or authority (other than a law enforcement agency) who is authorised by or under a law of the Commonwealth or of the State or Territory to prosecute the offence.".

Privacy Act 1988

Subsection 6 (1) (definition of "Commonwealth officer"):

Insert in paragraph (d) of the definition ", staff member" after "a member".

Paragraph 8 (1) (c):

  After "a member" (wherever occurring) insert ", staff member".

Paragraph 9 (2) (b):

  After "a member" (wherever occurring) insert ", staff member".

Paragraph 10 (2) (b):

  After "a member" (wherever occurring) insert ", staff member".

SCHEDULE 2—continued

Paragraph 11 (2) (c):

  After "a member" (wherever occurring) insert ", staff member".

Radiocommunications Act 1983

Subsection 3 (1) (definition of "Commonwealth officer"):

Omit paragraph (d) of the definition, substitute the following paragraph:

     "(d) a member or staff member of the Australian Federal Police, or a member of the police force of a Territory;".

PART 2

Crimes Legislation Amendment Act 1989

Section 15:

  Add at the end "(first occurring)".

PART 3

Intelligence and Security (Consequential Amendments) Act 1986

Section 25:

Omit "authorised in the interests of security or in connection with inquiries relating", substitute "authorized in the interests of security or in connection with inquiries related".

NOTES

  1. No. 58, 1979, as amended. For previous amendments, see No. 155, 1979; No. 69, 1980; No. 22, 1981; Nos. 39 and 91, 1983; No. 117, 1984; No. 121, 1985; No. 35, 1986; Nos. 38, 87, 109, and 120, 1988; Nos. 71, 147 and 153, 1989;