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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 272F Major modifications--purposes for which things may be used and shared

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 272F

Major modifications--purposes for which things may be used and shared

    For the purposes of subsection   272B(1), replace section   3ZQU of the Crimes Act 1914 with the following 2 sections.

3ZQU   Purposes for which things may be used and shared

  (1)   A constable or Commonwealth officer may use, or make available to a member of ASIC or an ASIC staff member to use, a thing seized under this Part for the purpose of the performance of ASIC's functions or duties or the exercise of its powers.

  (2)   Without limiting the scope of subsection   (1), a constable or Commonwealth officer may use, or make available to a person covered under subsection   (3) to use, a thing seized under this Part for the purpose of any or all of the following if it is necessary to do so for that purpose:

  (a)   preventing or investigating any of the following:

  (i)   a breach of an offence provision;

  (ii)   a breach of a civil penalty provision;

  (iii)   a breach of an obligation (whether under statute or otherwise), other than an obligation of a private nature (such as an obligation under a contract, deed, trust or similar arrangement);

  (b)   prosecuting a breach of an offence provision;

  (c)   prosecuting a breach of a civil penalty provision;

  (d)   taking administrative action, or seeking an order of a court or tribunal (within the meaning of the Australian Securities and Investments Commission Act 2001 ), in response to a breach of an obligation (whether under statute or otherwise), other than an obligation of a private nature (such as an obligation under a contract, deed, trust or similar arrangement).

  (3)   A person is covered under this subsection if the person is any of the following:

  (a)   a constable;

  (b)   a Commonwealth officer.

  (4)   Without limiting the scope of subsections   (1) and (2), a constable or Commonwealth officer may use, or make available to a person covered under subsection   (3) to use, a thing seized under this Part for the purpose of any or all of the following if it is necessary to do so for that purpose:

  (a)   proceedings under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 ;

  (b)   proceedings under a corresponding law (within the meaning of either of the Acts mentioned in paragraph   (a)) that relate to a State offence that has a federal aspect;

  (c)   proceedings for the forfeiture of the thing under a law of the Commonwealth, a State or a Territory;

  (d)   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 or 105A of the Criminal Code ;

  (e)   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;

  (f)   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;

  (g)   investigating or resolving a complaint under the Ombudsman Act 1976 or the Privacy Act 1988 ;

  (h)   conducting a NACC Act process (within the meaning of the National Anti - Corruption Commission Act 2022 );

  (i)   proceedings in relation to a complaint, allegation or issue mentioned in paragraph   (e), (f), (g) or (h);

  (j)   deciding whether to institute proceedings, to make an application or request, or to take any other action, mentioned in:

  (i)   any of the preceding paragraphs of this subsection; or

  (ii)   subsection   (1) or (2);

  (k)   the performance of the functions of the Australian Federal Police under section   8 of the Australian Federal Police Act 1979 .

  (5)   A constable or Commonwealth officer may use a thing seized under this Part for any other use that is required or authorised by or under a law of a State or a Territory.

  (6)   A constable or Commonwealth officer may make available to another constable or Commonwealth officer to use a thing seized under this Part for any purpose for which the making available of the thing is required or authorised by a law of a State or Territory.

  (7)   To avoid doubt, this section does not limit any other law of the Commonwealth that:

  (a)   requires or authorises the use of a document or other thing; or

  (b)   requires or authorises the making available (however described) of a document or other thing.

  (8)   A constable or Commonwealth officer may make available to an agency that has responsibility for:

  (a)   law enforcement in a foreign country; or

  (b)   intelligence gathering for a foreign country; or

  (c)   the security of a foreign country;

a thing seized under this Part to be used by that agency for:

  (d)   a purpose mentioned in subsection   (1), (2), (4), (5) or (6); or

  (e)   the purpose of performing a function, or exercising a power, conferred by a law in force in that foreign country.

Ministerial arrangements for sharing

  (9)   This Division does not prevent the Minister from making an arrangement with a Minister of a State or Territory for:

  (a)   the making available to a State or Territory law enforcement agency of that State or Territory, for purposes mentioned in subsections   (1), (2), (4), (6) and (8), of things seized under this Part; and

  (b)   the disposal by the agency of such things, originals and copies when they are no longer of use to that agency for those purposes.

Note:   This subsection does not empower the Minister to make such an arrangement.

Definition

  (10)   In this section:

"State or Territory law enforcement agency" means:

  (a)   the police force or police service of a State or Territory; or

  (b)   the New South Wales Crime Commission; or

  (c)   the Independent Commission Against Corruption of New South Wales; or

  (d)   the Law Enforcement Conduct Commission of New South Wales; or

  (e)   the Independent Broad - based Anti - corruption Commission of Victoria; or

  (f)   the Crime and Corruption Commission of Queensland; or

  (g)   the Corruption and Crime Commission of Western Australia; or

  (h)   the Independent Commissioner Against Corruption of South Australia.

3ZQUA   Commonwealth law permitting access to things seized under this Part does not apply

  (1)   This section applies if, disregarding this section, a law of the Commonwealth (other than this Part) requires or permits any of the following to be made available to a person covered under subsection   (3):

  (a)   a thing seized under this Part;

  (b)   if a thing contains data that ASIC or the Australian Federal Police came into possession of as a result of exercising powers under this Part--the thing.

  (2)   Subject to subsection   (4), that law does not require or permit the thing to be made available to the person.

  (3)   A person is covered under this subsection if the person is not, and is not representing, the Commonwealth, a State or a Territory.

  (4)   This section does not affect any of the following:

  (a)   the power of a court, or of a tribunal (within the meaning of the Australian Securities and Investments Commission Act 2001 ), to make an order;

  (b)   the effect of an order of a court, or of a tribunal (within the meaning of that Act).

  (5)   This section does not affect the operation of the Freedom of Information Act 1982 .

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