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MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 67 Information sharing

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 67

Information sharing

    (1)     The Chief Commissioner may give to—

        (a)     any law enforcement agency; or

        (b)     any foreign law enforcement agency; or

        (c)     any other agency or body of the State, the Commonwealth, another State or a Territory prescribed by the regulations—

any information derived under a coercive powers order that is in the possession of the Chief Commissioner and that is relevant to the activities of that agency or body if—

        (d)     it appears to the Chief Commissioner to be appropriate to do so; and

        (e)     to do so would not be contrary to a law of the State, the Commonwealth or that other State or that Territory that would otherwise apply.

    (2)     The Chief Commissioner may, whenever it appears to the Chief Commissioner 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 State or of the Commonwealth or of another State or of a Territory any information derived under a coercive powers order that is in the possession of the Chief Commissioner 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 State, the Commonwealth or that other State or the Territory, as the case requires.

    (3)     Where any information relating to the performances of the functions of—

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

        (b)     the Administration of a Territory; or

        (c)     an instrumentality of the State, the Commonwealth, another State or a Territory—

comes into the possession of the Chief Commissioner under a coercive powers order, the Chief Commissioner may, if he or she considers it desirable to do so, furnish that information to the Department, the Administration or the instrumentality.

    (4)     The Chief Commissioner may, whenever it appears to the Chief Commissioner to be appropriate to do so, furnish to the Australian Security Intelligence Organisation any information derived under a coercive powers order that is in the possession of the Chief Commissioner and that is relevant to security as defined in section 4 of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth.

    (5)     In this section—

"foreign law enforcement agency" means—

        (a)     a police force (however described) of a foreign country; or

        (b)     any other authority or person responsible for the enforcement of the laws of the foreign country;

S. 67(5) def. of law enforcement agency amended by No. 37/2014 s. 10(Sch. item 103.18).

"law enforcement agency" means—

        (a)     the Australian Federal Police; or

        (b)     a police force or police service of a State or a Territory; or

        (c)     any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or a Territory.