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ELECTORAL AND REFERENDUM REGULATION 2016 - SCHEDULE 1 Prescribed authorities and permitted purposes for use of information

ELECTORAL AND REFERENDUM REGULATION 2016 - SCHEDULE 1

Prescribed authorities and permitted purposes for use of information

Note:   See sections   6 and 9.

 

 

1   Prescribed authorities and permitted purposes for use of information

    For sections   6 and 9, the following table sets out:

  (a)   the Agencies or authorities of the Commonwealth that are prescribed authorities; and

  (b)   the purposes that are prescribed as permitted purposes for a particular prescribed authority.

 

Prescribed authorities and permitted purposes for use of information

Item

Agency or authority

Purpose

1

Australia Post

investigating postal and criminal offences committed against the Commonwealth under the Australian Postal Corporation Act 1989 or the Crimes Act 1914

2

Australian Bureau of Statistics

collecting, compiling, analysing and disseminating statistics and related information

3

National Anti - Corruption Commission

(a) identifying or locating offenders, suspects or witnesses in relation to:

(i) the investigation of, or reporting on, a corruption issue within the meaning of the National Anti - Corruption Commission Act 2022 (the NACC Act ); or

(ii) a preliminary investigation under section   42 of the NACC Act; or

(b) collecting, correlating, analysing or disseminating information or intelligence in relation to corruption issues within the meaning of the NACC Act; or

(c) security vetting of employees or potential employees; or

(d) identifying or locating offenders, suspects or witnesses in relation to an investigation that is being conducted, or reported on, in accordance with item   2 of Schedule   2 to the National Anti - Corruption Commission (Consequential and Transitional Provisions) Act 2022 after the transition time (within the meaning of that Schedule); or

(e) identifying or locating offenders, suspects or witnesses in relation to an investigation that is being reported on in accordance with item   38 of Schedule   2 to the National Anti - Corruption Commission (Consequential and Transitional Provisions) Act 2022 after the transition time (within the meaning of that Schedule)

4

Australian Communications and Media Authority

identifying offences relating to interference with radiocommunications or telecommunications

5

Australian Competition and Consumer Commission

(a) identifying or locating offenders, suspects or witnesses; or

(b) verifying the identity of individuals for enforcement of the criminal law or of a law imposing a pecuniary penalty in relation to the Competition and Consumer Act 2010

6

Australian Crime Commission

(a) collecting, correlating, analysing and disseminating criminal information and intelligence; or

(b) undertaking intelligence operations; or

(c) investigating matters relating to relevant criminal activity; or

(d) assembling or analysing evidence about offences and suspected offences; or

(e) conducting criminal and operational investigations to support authorised national security functions; or

(f) security vetting of employees or potential employees

7

Australian Federal Police (AFP)

(a) identifying or locating offenders, suspects or witnesses; or

(b) deciding whether suspects can be eliminated from an investigation; or

(c) target development; or

(d) intelligence checks; or

(e) protecting the safety of officers, staff members, AFP employees and special members; or

(f) law enforcement; or

(g) surveillance; or

(h) identification of potential or actual disaster victims, and notification of victims' families; or

(i) security vetting of AFP officers or potential AFP officers

8

Australian Securities and Investments Commission

(a) identifying or locating suspects or witnesses; or

(b) surveillance; or

(c) law enforcement

9

Australian Security Intelligence Organisation

(a) confirming the identity of Australian citizens to determine whether or not they are of security interest; or

(b) security vetting of employees or potential employees

10

Australian Taxation Office (the Statutory Agency consisting of the Commissioner of Taxation and staff)

(a) identifying or locating taxpayers; or

(b) preventing, detecting or investigating taxation fraud; or

(c) administering Australia's Foreign Investment Framework

11

Australian Transaction Reports and Analysis Centre

(a) detecting, deterring or disrupting money laundering, the financing of terrorism or other serious crimes; or

(b) retaining, compiling, analysing or disseminating AUSTRAC information (within the meaning of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 ); or

(c) advising or assisting reporting entities in relation to their obligations under any of the following:

(i) the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 or a legislative instrument made under that Act;

(ii) the Financial Transaction Reports Act 1988 or a legislative instrument made under that Act; or

(d) promoting, investigating or enforcing compliance by reporting entities with their obligations under an Act or instrument mentioned in paragraph   (c)

12

Commonwealth Superannuation Corporation

locating members and former members for the purpose of protecting public revenue in relation to the payment of benefits, the recovery of overpayments and the review of entitlement to benefits

13

Department administered by the Minister administering the Agricultural and Veterinary Chemicals Act 1994

investigating, monitoring and enforcing the following Acts:

(a) the Quarantine Act 1908 ;

(b) the Export Control Act 2020 ;

(d) the Biological Control Act 1984

14

Department administered by the Minister administering the Defence Force Discipline Act 1982

(a) identifying or locating an individual suspected of fraud or another criminal offence under:

(i) a law of the Commonwealth administered by the Department; or

(ii) another law of the Commonwealth, or a law of a State or Territory, that is connected with the defence of Australia or the operations or activities of the Department; or

(b) security vetting of employees or potential employees

15

Department administered by the Minister administering the Australian Education Act 2013

preventing, detecting or investigating fraud and other criminal offences in relation to the Department's programs and relevant money (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) managed by the Department

16

Department administered by the Minister administering the Work Health and Safety Act 2011

identifying or locating suspects, debtors or witnesses in relation to criminal investigations

17

Department administered by the Minister administering the Australian Passports Act 2005

(a) confirming the identity of passport applicants or identifiers of documents; or

(b) verifying information relating to a passport or an application for a passport; or

(c) locating parents who have not lodged an application for a passport, in connection with seeking consent to issue a passport to a minor; or

(d) assisting in consular operations to locate next of kin in Australia

18

Services Australia

(a) preventing and detecting fraud relating to identity or incorrect payments; or

(b) identifying or locating clients for debt management, determination or correction purposes; or

(c) undertaking compliance, investigation or enforcement activities relating to the Chief Executive Medicare's functions under section   5 of the Human Services (Medicare) Act 1973 ; or

(d) recovering overpayments or other amounts due to the Commonwealth in relation to the performance of the Chief Executive Medicare's functions under section   5 of the Human Services (Medicare) Act 1973

19

Department administered by the Minister administering the Australian Border Force Act 2015

(a) verifying the identity or status of travellers and consignees of cargo or postal articles; or

(b) verifying the identity and status of importers and exporters; or

(c) checking the accuracy of information given to the Department or to a Collector (within the meaning of the Customs Act 1901 ); or

(d) verifying the identity of individuals on behalf of:

(i) the government of another country; or

(ii) a law enforcement administration under an international agreement or arrangement; or

(e) surveillance purposes; or

(f) facilitating travel to Australia, or entry to Australia, for an Australian citizen who may have lost his or her passport; or

(g) enabling airport officers to identify travellers and confirm their status; or

(h) assisting investigations and compliance staff in the detection of persons suspected of:

(i) being in Australia unlawfully; or

(ii) working without authority; or

(iii) being involved in people smuggling; or

(iv) committing offences against legislation administered by the Department

20

Department administered by the Minister administering the Industry Research and Development Act 1986

preventing, detecting or investigating fraud and other criminal offences in relation to:

(a) the Department's purposes (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); and

(b) relevant money (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) managed by the Department

21

Department administered by the Treasurer

administering Australia's Foreign Investment Framework, except the Register of Foreign Ownership of Agricultural Land Act 2015 and any instrument made under that Act

22

Department administered by the Minister administering the Veterans' Entitlements Act 1986

(a) undertaking reviews of, or research into, the health of former members of the Defence Force; or

(b) protection of the public revenue in relation to reviews of entitlement to benefits

23

Director of Public Prosecutions

verifying the identity of, or locating, persons of interest in relation to property ownership matters conducted under the Proceeds of Crime Act 2002

24

Federal Court of Australia (the Statutory Agency consisting of the Chief Executive Officer and Principal Registrar of the Federal Court and the APS employees referred to in section   18N of the Federal Court of Australia Act 1976 assisting the Chief Executive Officer and Principal Registrar of the Federal Court)

(a) preparing a written jury roll for a jury district; or

(b) determining if a person included on a jury list is not qualified to serve as a juror or should be excused from serving as a juror; or

(c) giving the Commissioner of the Australian Federal Police the name and other details of any or all of the persons included on a jury list so that the Commissioner may give information about the criminal history (if any) of each of those persons; or

(d) disclosing to an officer responsible for convening juries for trials before a court of a State or Territory information identifying a juror or former juror so that the officer can consider whether to summons the juror or former juror when convening a trial before the State or Territory court

Note:   The purposes described in this item relate to functions performed under Division   1A of Part   III of the Federal Court of Australia Act 1976 .

25

Australian Financial Security Authority

(a) locating and investigating bankrupts and their associates in relation to obligations under the Bankruptcy Act 1966 ; or

(b) conducting criminal investigations in relation to the Bankruptcy Act 1966 ; or

(c) investigating identity fraud

26

Office of the Official Secretary to the Governor - General

identifying or locating individuals who:

(a) are nominated, or are being considered for nomination, for an honour or award within the Australian Honours and Awards system; or

(b) have been selected to provide a reference connected with such a nomination

27

Sport Integrity Australia

The administration of the National Anti - Doping Scheme (within the meaning of the Sport Integrity Australia Act 2020 )

28

Agency covered by section   117 of the National Disability Insurance Scheme Act 2013 (the Statutory Agency consisting of the Chief Executive Officer and staff)

preventing, detecting or investigating fraud and non - compliance matters in relation to the Agency's purposes (within the meaning of the Public Governance, Performance and Accountability Act 2013 )