NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 59 Furnishing of reports and information

NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 59

59. (1) The Authority shall keep the Minister informed of the general conduct
of its operations in the performance of its functions and, if the Minister
requests the Authority to provide to him information concerning a specific
matter relating to-

   (a)  the Authority's operations in the performance of its general
        functions; or

   (b)  the Authority's operations in respect of a reference or references
        made to the Authority under section 13, the Authority shall comply
        with the request.

(2) Where the Authority is performing functions by reason of a reference or
references having been made to the Authority by a Minister of the Crown of a
State in accordance with section 14, the Authority shall keep that Minister
informed of the general conduct of its operations in respect of the reference
or references and, if that Minister requests the Authority to furnish to him
information concerning a specific matter relating to those operations, shall
comply with the request.

(3) Subject to sub-section (5), the Authority-

   (a)  shall, when requested by the Inter-Governmental Committee to furnish
        information to the Committee concerning a specific matter relating to
        an investigation that has been or is being conducted by the Authority,
        comply with the request; and

   (b)  shall when requested by the Inter-Governmental Committee to do so, and
        may at such other times as the Authority thinks appropriate, inform
        the Committee concerning the general conduct of the operations of the
        Authority.

(4) Subject to sub-section (5), the Authority shall furnish to the
Inter-Governmental Committee, for transmission to the Governments represented
on the Committee, a report of the findings of any special investigation
conducted by the Authority.

(5) The Authority shall not furnish to the Inter-Governmental Committee any
matter the disclosure of which to members of the public could prejudice the
safety or reputation of persons or the operations of law enforcement agencies
and, if the findings of the Authority in an investigation include any such
matter, the Authority shall prepare a separate report in relation to the
matter and furnish that report to the Commonwealth Minister or Minister of the
Crown of the State by whom the relevant reference was made.

(6) The Authority may include in a report furnished under sub-section (4) a
recommendation that the report be laid before each House of the Parliament.

(7) The Authority may, whenever it appears to the Authority to be appropriate
to do so, furnish to relevant law enforcement agencies any information
concerning the commission or possible commission of offences against the laws
of the Commonwealth, of a State or of a Territory that has come into its
possession in the course of any investigations conducted by it.

(8) The Authority may, whenever it appears to the Authority to be appropriate
to do so, furnish to authorities and persons responsible for taking civil
remedies by or on behalf of the Crown in right of the Commonwealth, of a State
or of a Territory any information that has come into the possession of the
Authority in the course of any investigations conducted by it and that may be
relevant for the purposes of so taking such remedies in respect of matters
connected with, or arising out of, offences against the laws of the
Commonwealth, of a State or of a Territory, as the case may be.

(9) Where any information relating to the performances of the functions of-

   (a)  a Department of State of the Commonwealth or of a State;

   (b)  the Administration of a Territory; or

   (c)  an instrumentality of the Commonwealth, of a State or of a Territory,
        comes into the possession of the Authority in the course of any
        investigations conducted by it, the Authority may, if it considers it
        desirable to do so-

   (d)  furnish that information to the Department, the Administration or the
        instrumentality; and

   (e)  make to the Department, the Administration or the instrumentality such
        recommendations (if any) relating to the performance of the functions
        of the Department, of the Administration or of the instrumentality as
        the Authority considers appropriate.

(10) A report made by the Authority under this Act that sets out any finding
that an offence has been committed, or makes any recommendation for the
institution of a prosecution in respect of an offence, shall not be made
available to the public unless the finding or recommendation is expressed to
be based on evidence that would be admissible in the prosecution of a person
for that offence.