OMBUDSMAN ACT 1976 - SECT 35B Disclosure of ACC information

OMBUDSMAN ACT 1976 - SECT 35B

  (1)   If the Minister administering section   7 of the Australian Crime Commission Act 2002 gives the Ombudsman a certificate certifying that the disclosure of certain ACC information by one or more listed disclosure methods specified in the certificate would be contrary to the public interest by reason that it would prejudice:

  (a)   the safety of a person; or

  (b)   the fair trial of a person who has been, or may be, charged with an offence; or

  (c)   the proper performance of the functions of the ACC; or

  (d)   the operations of a law enforcement agency;

the Ombudsman must not so disclose the ACC information, except to the Inspector - General of Intelligence and Security in accordance with section   35AB.

  (2)   In this section:

"ACC information" means information or the contents of a document or a record that is, or was, in the possession or under the control of the ACC or the Board of the ACC.

"listed disclosure method" , in relation to information, a document or a record, means:

  (a)   including the information or the contents of the document or record in any report under:

  (i)   Division   2 of Part   II; or

  (ii)   section   46 of the Public Governance, Performance and Accountability Act 2013 ; or

  (b)   giving the information, document or record to another person or authority under section   6 or 6A; or

  (c)   giving the information, document or record to an Ombudsman of a State; or

  (d)   giving the information, document or record to an authority with which the Ombudsman has made an arrangement under section   8B; or

  (e)   disclosing, or making a statement that discloses, the information or the contents of the document or record under subsection   35A(1); or

  (f)   disclosing information or the contents of a document or record by any other specified method.