Document ID: chunk:federal_register_of_legislation:F2023L00553:clause:1_3:p1
Version: federal_register_of_legislation:F2023L00553
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/6)
Character Range: 25816–28997

3                                                           section 34B of the International War Crimes Tribunals Act 1995     an investigation or proceeding relating to a War Crimes Tribunal offence

 with the statement to include short particulars of the crime or offence;

           (h)    a statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances.

           (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)      a statement 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 or documents will only be used for the purposes for which the foreign law enforcement agency requested the information or documents; and

                (ii)               that any document or any other thing containing the information will be destroyed when it is no longer required for those purposes for which the foreign law enforcement agency requested the information or documents; and

                (iii)            any other condition  determined, in writing, by the Attorney‑General;

           (k)    a statement that the authorised officer has made no other authorisations for the disclosure of information or documents to a foreign law enforcement agency on the day on which the disclosure is being made;

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

14 Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcing foreign or international laws

       (1)       An authorisation made under subsection 180C(1) 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 made under Division 4 of Part 4‑1 of the Act, other than because of an authorisation under section 178A of the Act;

           (g)    a statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances.

           (h)    a