AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 60A Secrecy

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 60A

  (1)   This section applies to a person who is, or was at any time:

  (a)   the Commissioner; or

  (b)   a Deputy Commissioner; or

  (c)   an AFP employee; or

  (d)   a special member; or

  (da)   a special protective service officer; or

  (e)   a person engaged under section   35; or

  (f)   a person performing functions under an agreement under section   69D.

  (2)   A person to whom this section applies must not, directly or indirectly:

  (a)   make a record of any prescribed information; or

  (b)   divulge or communicate any prescribed information to any other person;

except for:

  (c)   the purposes of this Act or the regulations; or

  (d)   the purposes of the National Anti - Corruption Commission Act 2022 or regulations under that Act; or

  (e)   the purposes of the Witness Protection Act 1994 or regulations under that Act; or

  (ea)   the purposes of the Parliamentary Joint Committee on Law Enforcement Act 2010 or regulations under that Act; or

  (f)   the carrying out, performance or exercise of any of the person's duties, functions or powers under Acts or regulations mentioned in paragraphs   (c), (d), (e) and (ea); or

  (g)   the purposes of an IGIS official carrying out, performing or exercising any of the IGIS official's duties, functions or powers as an IGIS official.

Penalty:   Imprisonment for 2 years.

  (2A)   This section does not apply to:

  (a)   a divulgence or communication of prescribed information that is authorised by the Commissioner under subsection   (2B); or

  (b)   a divulgence or communication of personal information that is authorised by the Commissioner under subsection   (2C).

  (2B)   The Commissioner may, if he or she is of the opinion that it is in the interests of the due administration of justice to do so, authorise a person to whom this section applies to divulge or communicate prescribed information that relates to the National Witness Protection Program established by the Witness Protection Act 1994 to a person specified in the authorisation.

  (2C)   The Commissioner may authorise a person to whom this section applies to divulge or communicate an individual's personal information if the individual requests, or gives consent to, that divulgence or communication.

  (2D)   Subsection   (2C) does not require the Commissioner to authorise a divulgence or communication of personal information that is otherwise required or authorised under this Act.

  (3)   In this section:

"personal information" has the same meaning as in the Privacy Act 1988 .

"prescribed information" means information obtained by a person to whom this section applies:

  (a)   in the course of carrying out, performing or exercising any of the person's duties, functions or powers under:

  (i)   this Act or the regulations; or

  (ii)   the National Anti - Corruption Commission Act 2022 or regulations under that Act; or

  (iii)   the Witness Protection Act 1994 or regulations under that Act; or

  (b)   otherwise in the course of the person's service, employment or engagement under Acts or regulations mentioned in paragraph   (a).

Note:   The Privacy Act 1988 contains provisions relevant to the use and disclosure of information divulged or communicated under this Act.