Document ID: chunk:federal_register_of_legislation:C2020A00003:clause:1_3zqu:p1
Version: federal_register_of_legislation:C2020A00003
Segment Type: clause
Provision Reference: sch 1 cl 3ZQU (pt 1/3)
Character Range: 18926–21505

3ZQU  Purposes for which things may be used and shared
 (1) A constable or Commonwealth officer may use, or make available to a member of ASIC or an ASIC staff member to use, a thing seized under this Part for the purpose of the performance of ASIC's functions or duties or the exercise of its powers.
 (2) Without limiting the scope of subsection (1), a constable or Commonwealth officer may use, or make available to a person covered under subsection (3) to use, a thing seized under this Part for the purpose of any or all of the following if it is necessary to do so for that purpose:
 (a) preventing or investigating any of the following:
 (i) a breach of an offence provision;
 (ii) a breach of a civil penalty provision;
 (iii) a breach of an obligation (whether under statute or otherwise), other than an obligation of a private nature (such as an obligation under a contract, deed, trust or similar arrangement);
 (b) prosecuting a breach of an offence provision;
 (c) prosecuting a breach of a civil penalty provision;
 (d) taking administrative action, or seeking an order of a court or tribunal (within the meaning of the Australian Securities and Investments Commission Act 2001), in response to a breach of an obligation (whether under statute or otherwise), other than an obligation of a private nature (such as an obligation under a contract, deed, trust or similar arrangement).
 (3) A person is covered under this subsection if the person is any of the following:
 (a) a constable;
 (b) a Commonwealth officer.
 (4) Without limiting the scope of subsections (1) and (2), a constable or Commonwealth officer may use, or make available to a person covered under subsection (3) to use, a thing seized under this Part for the purpose of any or all of the following if it is necessary to do so for that purpose:
 (a) proceedings under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002;
 (b) proceedings under a corresponding law (within the meaning of either of the Acts mentioned in paragraph (a)) that relate to a State offence that has a federal aspect;
 (c) proceedings for the forfeiture of the thing under a law of the Commonwealth, a State or a Territory;
 (d) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Division 104, 105 or 105A of the Criminal Code;
 (e) investigating or resolving a complaint or an allegation of misconduct relating to an exercise of a power or the performance of a function or duty under this Part;
 (f) investigating