Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_38
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 22815–24753

38  After section 104.28B of the Criminal Code
Insert:

104.28C  Sharing information relating to electronic monitoring
 (1) An AFP member may disclose information (including personal information), to a person employed or engaged by a body covered by an arrangement under subsection 104.28D(1), for the purpose of facilitating:
 (a) the performance of functions and the exercise of powers relating to the electronic monitoring of persons who are subject to a requirement imposed in accordance with paragraph 104.5(3)(d); or
 (b) the performance of any other functions or the exercise of any other powers relating to section 104.5A.
 (2) A person (the first person) employed or engaged by a body covered by an arrangement under subsection 104.28D(1) may disclose information (including personal information) to another person if the first person reasonably believes that the disclosure is authorised by the arrangement.
 (3) This section applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).

104.28D  Arrangements for electronic monitoring and other functions and powers
 (1) The Commissioner of the Australian Federal Police may make an arrangement with a State or Territory, or any other body, for:
 (a) the performance of functions and the exercise of powers relating to the electronic monitoring of persons who are subject to a requirement imposed in accordance with paragraph 104.5(3)(d); or
 (b) the performance of any other functions or the exercise of any other powers relating to section 104.5A.
 (2) Without limiting subsection (1), for the purposes of section 104.28C, the arrangement may authorise a person employed or engaged by a body covered by the arrangement to disclose information (including personal information).
 (3) The Commissioner of the Australian Federal Police may, in writing, delegate to a senior AFP member the Commissioner's powers under subsection (1).