"financing of terrorism offence" means an offence under:

(a)

section 103.1 of the Criminal Code ; or

(b)

section 20 or 21 of the Charter of the United Nations Act 1945 .

9 Paragraph 27(1)(d)

Repeal the paragraph, substitute:

(d)

the Director may, in writing, authorise the Commissioner of the Australian Federal Police to have access to FTR information for the purposes of communicating the information to a foreign law enforcement agency under subsection (11B).

Note 1: The following heading to subsection 27(1A) is inserted " Limitations on the Director's power to authorise access under paragraph (1)(b) ".
Note 2: The following heading to subsection 27(2) is inserted " Director's authorisation must state FTR information, or class of FTR information, to which access authorised ".
Note 3: The following heading to subsection 27(3) is inserted " Who, within an agency, may access information once access by the agency is authorised under paragraph (1)(b), (c) or (ca) ".
Note 4: The following heading to subsection 27(4) is inserted " Application of section 3C of the Taxation Administration Act 1953 where a taxation officer accesses FTR information ".
Note 5: The following heading to subsection 27(5) is inserted " Dealings with information once accessed ".
Note 6: The following heading to subsection 27(12) is inserted " Use of accessed information in court proceedings ".
Note 7: The following heading to subsection 27(13) is inserted " Dealings in contravention of this section ".
Note 8: The following heading to subsection 27(14) is inserted " Interpretation ".

9A Subsection 27(1B)

Repeal the subsection, substitute:

(1B)

Despite paragraph (1)(b), the Director may only authorise under that paragraph one of the following law enforcement agencies if the agency undertakes that it will comply with the information privacy principles set out in section 14 of the Privacy Act 1988 in respect of FTR information obtained under the authorisation:

(a)

the Crime and Misconduct Commission of Queensland;

(b)

the Anti-Corruption Commission of Western Australia;

(c)

the Royal Commission (appointed by the Governor of Western Australia on 12 December 2001) into whether since 1 January 1985 there has been corrupt conduct or criminal conduct by any Western Australian police officer.

9B Saving of authorisations and undertakings

For the purposes of subsection 27(1B) of the Financial Transaction Reports Act 1988 as amended by this Schedule, neither of the following is affected by the amendments of that Act by this Schedule:

(a)

an authorisation conferred on the Anti-Corruption Commission of Western Australia by the Director;

(b)

an undertaking by that Commission to the Director.

10 Subsection 27(3A)

Repeal the subsection.

11 Subsection 27(6)

Omit "subsection (7), (9) and (10)", substitute "subsections (7), (9), (10) and (11D)".

12 Subparagraph 27(6)(a)(ii)

Omit "; and", substitute "; or".

13 At the end of paragraph 27(6)(a)

Add:

(iii)

where communication to a foreign law enforcement agency is permitted under subsections (11B) to (11D)—the foreign law enforcement agency; and

14 After subsection 27(11)

Insert:

Circumstances in which the Director may communicate FTR information to a foreign country

(11A)

Despite anything in section 25, the Director may communicate FTR information to a foreign country if:

(a)

the Director is satisfied that the foreign country has given appropriate undertakings for:

(i)

protecting the confidentiality of the information; and

(ii)

controlling the use that will be made of it; and

(iii)

ensuring that the information will be used only for the purpose for which it is communicated to the foreign country; and

(b)

it is appropriate, in all the circumstances of the case, to do so.

Circumstances in which the Commissioner of the Australian Federal Police may communicate FTR information to a foreign law enforcement agency

(11B)

The Commissioner of the Australian Federal Police may communicate FTR information to a foreign law enforcement agency if:

(a)

the Commissioner is satisfied that the foreign law enforcement agency has given appropriate undertakings for:

(i)

protecting the confidentiality of the information; and

(ii)

controlling the use that will be made of it; and

(iii)

ensuring that the information will be used only for the purpose for which it is communicated to the foreign country; and

(b)

it is appropriate, in all the circumstances of the case, to do so.

(11C)

The Commissioner of the Australian Federal Police may, in writing, authorise a member of the Australian Federal Police to communicate the FTR information to the foreign law enforcement agency on behalf of the Commissioner.

(11D)

If:

(a)

the Commissioner of the Australian Federal Police is authorised by the Director to access FTR information under paragraph (1)(d) (for the purposes of communicating it to a foreign law enforcement agency); and

(b)

the Director could not have authorised the Commissioner to access the information under paragraph (1)(b) (for the purposes of performing the functions of the Australian Federal Police);

then, despite subparagraphs (6)(a)(i) and (ii):

(c)

the Commissioner must not record, communicate or divulge the information except for the purposes of communicating it to the foreign law enforcement agency, and in accordance with subsections (11B) and (11C); and

(d)

a person authorised by the Commissioner under subsection (11C) to communicate the information to the foreign law enforcement agency on the Commissioner's behalf must not record, communicate or divulge the information except for the purposes of communicating it to the foreign law enforcement agency.

14A Paragraph 27(16)(d)

Repeal the paragraph.

14B Paragraph 27(16)(h)

Repeal the paragraph, substitute:

(h)

the Crime and Misconduct Commission of Queensland; and

14C At the end of subsection 27(16)

Add:

; and (j) the Royal Commission (appointed by the Governor of Western Australia on 12 December 2001) into whether since 1 January 1985 there has been corrupt conduct or criminal conduct by any Western Australian police officer.

14D Paragraphs 27(17)(k) to (m)

Repeal the paragraphs.

14E Paragraphs 27(17)(t) and (u) (the paragraphs (t) and (u) inserted by item 7 of Schedule 6 to the Measures to Combat Serious and Organised Crime Act 2001)

Repeal the paragraphs.

14F Before paragraph 27(17)(v)

Insert:

(ua)

a Commissioner of the Crime and Misconduct Commission of Queensland; and

(ub)

an Assistant Commissioner, Senior Officer or member of the staff of that Commission; and

14G At the end of subsection 27(17)

Add:

; and (x) the person constituting the Royal Commission (appointed by the Governor of Western Australia on 12 December 2001) into whether since 1 January 1985 there has been corrupt conduct or criminal conduct by any Western Australian police officer; and

(y)

a member of the staff of that Royal Commission.

15 At the end of section 27

Add:

(20)

A reference in this section to a foreign law enforcement agency is a reference to an agency that has responsibility for law enforcement in a foreign country.

16 Subparagraph 27AA(4)(a)(iii)

Omit "; and", substitute "; or".

17 At the end of paragraph 27AA(4)(a)

Add:

(iv)

where communication to a foreign intelligence agency is permitted under subsection (5A) or (5B)—the foreign intelligence agency; and

Note 1: The following heading to subsection 27AA(2) is inserted " Director's authorisation must state FTR information, or class of FTR information, to which access authorised ".
Note 2: The following heading to subsection 27AA(3) is inserted " Who, within ASIO, may access information once access by ASIO is authorised ".
Note 3: The following heading to subsection 27AA(4) is inserted " Dealings with information once accessed ".
Note 4: The following heading to subsection 27AA(6) is inserted " Use of accessed information in court proceedings ".
Note 5: The following heading to subsection 27AA(7) is inserted " Dealings in contravention of this section ".
Note 6: The following heading to subsection 27AA(8) is inserted " Interpretation ".

18 After subsection 27AA(5)

Insert:

Circumstances in which the Director-General of Security may communicate FTR information to a foreign intelligence agency

(5A)

The Director-General of Security may communicate FTR information to a foreign intelligence agency if:

(a)

the Director-General is satisfied that the foreign intelligence agency has given appropriate undertakings for:

(i)

protecting the confidentiality of the information; and

(ii)

controlling the use that will be made of it; and

(iii)

ensuring that the information will be used only for the purpose for which it is communicated to the foreign country; and

(b)

it is appropriate, in all the circumstances of the case, to do so.

(5B)

The Director-General of Security may, in writing, authorise an ASIO officer to communicate the information to the foreign intelligence agency on the Director-General's behalf.

19 Subsection 27AA(7) (note 2)

Repeal the note, substitute:

Note 2: Subsections 27(6) to (11), 27(12) and 27(13) deal with the use by a police officer of FTR information obtained from ASIO.

20 Subsection 27AA(8)

Insert: