Document ID: chunk:federal_register_of_legislation:C2024C00749:section:110a:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 110A (pt 1/3)
Character Range: 494379–497273

110A  Meaning of criminal law‑enforcement agency
 (1) Each of the following is a criminal law‑enforcement agency:
 (a) the Australian Federal Police;
 (b) a Police Force of a State;
 (c) the National Anti‑Corruption Commission;
 (d) the ACC;
 (e) subject to subsection (1A), the Immigration and Border Protection Department;
 (ea) the Australian Securities and Investments Commission;
 (eb) the Australian Competition and Consumer Commission;
 (f) the Crime Commission (NSW);
 (g) the Independent Commission Against Corruption (NSW);
 (h) the Law Enforcement Conduct Commission (NSW);
 (i) the IBAC (Vic.);
 (j) the Crime and Corruption Commission (Qld);
 (k) the Corruption and Crime Commission (WA);
 (l) the Independent Commission Against Corruption (SA);
 (m) subject to subsection (7), an authority or body for which a declaration under subsection (3) is in force.
 (1A) Paragraph (1)(e) applies to the Immigration and Border Protection Department only in connection with the investigation by that Department of a contravention of:
 (a) the Customs Act 1901; or
 (b) the Crimes Act 1914; or
 (c) the Criminal Code; or
 (d) the Environment Protection and Biodiversity Conservation Act 1999; or
 (e) Part 6 of the Australian Border Force Act 2015; or
 (f) an Act prescribed in a legislative instrument made by the Minister for the purposes of this paragraph; or
 (g) a provision of an Act, being a provision prescribed in a legislative instrument made by the Minister for the purposes of this paragraph.
Note: See also section 110B.
 (2) The head of an authority or body may request the Minister to declare the authority or body to be a criminal law‑enforcement agency.
 (3) The Minister may, by legislative instrument, declare:
 (a) an authority or body to be a criminal law‑enforcement agency; and
 (b) persons specified, or of a kind specified, in the declaration to be officers of the criminal law‑enforcement agency for the purposes of this Act.
 (3A) The Minister may make the declaration whether or not the head of the authority or body has made a request under subsection (2).
 (3B) The Minister must not make the declaration unless the Minister is satisfied on reasonable grounds that the functions of the authority or body include investigating serious contraventions.
 (4) In considering whether to make the declaration, the Minister must have regard to:
 (b) whether access to stored communications, and the making of authorisations under section 180, would be reasonably likely to assist the authority or body in investigating serious contraventions; and
 (c) whether the authority or body:
 (i) is required to comply with the Australian Privacy Principles; or
 (ii) is required to comply with a binding scheme that provides protection of personal information that meets the requirements of subsection (4A); or
 (iii) has agreed in writing to comply with a scheme providing such