SURVEILLANCE DEVICES ACT 2004 - SECT 45A Protected information related to integrity operations

SURVEILLANCE DEVICES ACT 2004 - SECT 45A

  (1)   Protected information may be used, recorded, communicated or published, or may be admitted in evidence, if it is necessary to do so for any of the following purposes:

  (a)   making a decision about whether to apply for an integrity authority;

  (b)   designing an integrity operation;

  (c)   applying for an integrity authority;

  (d)   granting an integrity authority;

  (e)   conducting an integrity operation;

  (f)   applying for any warrant, authorisation or order, under a law of the Commonwealth, for the purposes of an integrity operation;

  (g)   any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, an integrity testing operation.

Note:   If use etc. of protected information is permitted under this section, the offences in subsections   45(1) and (2) do not apply (see paragraphs 45(1)(c) and (2)(c)).

  (2)   Subsection   (1) does not limit subsections   45(4) and (5) (which permit protected information to be used etc. for certain other purposes).

  (3)   If protected information is communicated under subsection   (1), subsection   45(7) does not apply in relation to the further communication of the information.

Note:   If protected information is communicated from one agency to another agency, subsection   45(7) restricts the circumstances in which the information may be further communicated.

  (4)   Paragraph   (1)(g) (use etc. for disciplinary or legal action) does not authorise:

  (a)   the use, recording, communication or publication of information of the kind referred to in paragraph   (d) of the definition of protected information in section   44; or

  (b)   the giving in evidence of protected information of the kind referred to in paragraph   (d) of that definition;

regardless of whether that information is also information of the kind referred to in paragraph   (b) or (c) of that definition.

Note:   Paragraph   (d) of the definition of protected information in section   44 covers information obtained by a law enforcement officer in contravention of a requirement for a warrant, tracking device authorisation or emergency authorisation.

  (5)   In this section:

"disciplinary or legal action" , in relation to a staff member of a target agency, means any of the following:

  (a)   action in respect of alleged misconduct of the staff member;

  (b)   termination of the employment or appointment of the staff member;

  (c)   a disciplinary proceeding in relation to the staff member, or a report of such a proceeding;

  (d)   the investigation of an offence suspected to have been committed by the staff member;

  (e)   a legal proceeding in relation to the staff member, or a report of such a proceeding.

Disciplinary or legal action also includes the consideration of whether an action or proceeding covered by this definition should be taken or brought.

"staff member" , of a target agency, means a staff member of that agency within the meaning of section   12 of the National Anti - Corruption Commission Act 2022 .