Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zqu:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZQU (pt 1/3)
Character Range: 243270–245868

3ZQU  Purposes for which things and documents may be used and shared

Use and sharing of thing or document by constable or Commonwealth officer
 (1) A constable or Commonwealth officer may use, or make available to another constable or Commonwealth officer to use, a thing seized under this Part, or the original or a copy of a document produced under Division 4B, for the purpose of any or all of the following if it is necessary to do so for that purpose:
 (a) preventing, investigating or prosecuting an offence;
 (b) proceedings under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002;
 (c) proceedings under a corresponding law (within the meaning of either of the Acts mentioned in paragraph (b)) that relate to a State offence that has a federal aspect;
 (d) proceedings for the forfeiture of the thing under a law of the Commonwealth;
 (e) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Division 104, 105, 105A or 395 of the Criminal Code;
 (f) investigating or resolving a complaint or an allegation of misconduct relating to an exercise of a power or the performance of a function or duty under this Part;
 (g) investigating or resolving an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979) under Part V of that Act;
 (h) investigating or resolving a complaint under the Ombudsman Act 1976 or the Privacy Act 1988;
 (i) conducting a NACC Act process (within the meaning of the National Anti‑Corruption Commission Act 2022);
 (j) proceedings in relation to a complaint, allegation or issue mentioned in paragraph (f), (g), (h) or (i);
 (k) deciding whether to institute proceedings, to make an application or request, or to take any other action, mentioned in any of the preceding paragraphs of this subsection;
 (l) the performance of the functions of the Australian Federal Police under section 8 of the Australian Federal Police Act 1979.
 (2) A constable or Commonwealth officer may use a thing seized under this Part, or the original or a copy of a document produced under Division 4B, for any other use that is required or authorised by or under a law of a State or a Territory.
 (3) A constable or Commonwealth officer may make available to another constable or Commonwealth officer to use a thing seized under this Part, or the original or a copy of a document produced under Division 4B, for any purpose for which the making available of the thing or document is required or authorised by a law of a State or Territory.