Document ID: chunk:federal_register_of_legislation:C2025C00037:section:45:p4
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 45 (pt 4/6)
Character Range: 291317–294135

supervisory order, has been, or is being, complied with;
 (ka) in the case of information:
 (i) obtained under a warrant issued on the basis of a community safety supervision order that is or was in force; or
 (ii) relating to an application for, the issue of, the existence of, or the expiration of, such a warrant; or
 (iii) that is likely to enable the identification of a person, object or premises specified in such a warrant;
  determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;
 (kb) in the case of information:
 (i) obtained under a tracking device authorisation given on the basis of a community safety supervision order; or
 (ii) relating to an application for, the giving of, the existence of, or the expiration of, a tracking device authorisation given on the basis of a community safety supervision order; or
 (iii) that is likely to enable the identification of a person, object or premises specified in a tracking device authorisation given on the basis of a community safety supervision order;
  determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;
 (l) an IGIS official exercising powers, or performing functions or duties, as an IGIS official.
 (5A) To avoid doubt, paragraphs (5)(ia), (j) and (ka) do not limit paragraph (5)(c).
Note: Under paragraph (5)(c), protected information obtained under a warrant or authorisation may be used for the purposes of any proceedings relating to a post‑sentence order or a Part 9.10 order.
 (6) Paragraphs (4)(f) and (g) and (5)(a), (b), (c) and (ia) to (kb) do not authorise:
 (a) the use, recording, communication or publication of information of the kind referred to in paragraph (d) of the definition of protected information in section 44; or
 (b) the giving in evidence of protected information of the kind referred to in paragraph (d) of that definition;
regardless of whether that information is also information of the kind referred to in paragraph (b) or (c) of that definition.
 (6A) Protected information may be communicated by an Ombudsman official to an IGIS official for the purposes of the IGIS official exercising powers, or performing functions or duties, as an IGIS official.
 (7) If protected information obtained through the use of a surveillance device by a law enforcement officer of a particular law enforcement agency (the originating agency):
 (a) is communicated to another law enforcement agency (by communicating it to the chief officer or another officer of that agency); or
 (b) is communicated to any agency that is not a law enforcement agency (other than the Australian Security Intelligence Organisation and the agencies within