Document ID: chunk:federal_register_of_legislation:C2012A00120:clause:2_180b:p1
Version: federal_register_of_legislation:C2012A00120
Segment Type: clause
Provision Reference: sch 2 cl 180B (pt 1/2)
Character Range: 44947–47811

180B  Authorisations for access to prospective information or documents—enforcement of the criminal law of a foreign country

Disclosure to the Australian Federal Police
 (1) Sections 276, 277 and 278 of the Telecommunications Act 1997 do not prevent a disclosure of information or a document if the information or document is covered by an authorisation in force under subsection (2) of this section.

Prospective authorisation
 (2) An authorised officer of the Australian Federal Police may authorise the disclosure of specified information or specified documents that come into existence during the period for which the authorisation is in force.
 (3) The authorised officer must not make the authorisation unless:
 (a) the Attorney‑General has authorised the making of the authorisation under the Mutual Assistance in Criminal Matters Act 1987; and
 (b) the authorised officer is satisfied that the disclosure is reasonably necessary for the investigation of an offence against the law of a foreign country that:
 (i) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or
 (ii) involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence within the meaning of section 5D of the Telecommunications (Interception and Access) Act 1979; and
 (c)  the authorised officer is satisfied that the disclosure is appropriate in all the circumstances.
 (4) An authorised officer of the Australian Federal Police must revoke the authorisation if he or she is satisfied that the disclosure is no longer required.
Note: Section 184 deals with notification of revocations.
 (5) An authorisation under subsection (2):
 (a) comes into force at the time the person from whom the disclosure is sought receives notification of the authorisation; and
 (b) ceases to be in force at the time specified in the authorisation, which must not be more than 21 days after the day the authorisation is made, or that period as extended under subsection (6), unless it is revoked earlier.
Note: Section 184 deals with notification of authorisations.

Extension of prospective authorisation
 (6) The period for which an authorisation under subsection (2) is in force may be extended once only, by an authorised officer of the Australian Federal Police, if the authorised officer is satisfied that the extension is:
 (a) reasonably necessary for the investigation of an offence against the law of a foreign country that:
 (i) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or
 (ii) involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence within the meaning of section 5D of the Telecommunications (Interception and Access) Act 1979; and
 (b) appropriate in all the circumstances.
 (7) An extension under