Australian Crime Commission Act 2002

Subsections (2) to (4) provide when a notice under subsection 21A(1) can include a notation to the effect that disclosure of information about:

the notice; or

any official matter connected with it;

The notice must include such a notation if the examiner issuing the notice is satisfied that the failure to do so would reasonably be expected to prejudice:

a person’s safety or reputation; or

a person’s fair trial, if the person has been charged with an offence or such a charge is imminent; or

the effectiveness of an operation or investigation.

The notice may include such a notation if the examiner issuing the notice is satisfied that the failure to do so:

might prejudice:

a person’s safety or reputation; or

a person’s fair trial, if the person has been charged with an offence or such a charge is imminent; or

the effectiveness of an operation or investigation; or

might otherwise be contrary to the public interest.

The notice must not include such a notation in any other case.

If such a notation is included in the notice, it must be accompanied by a written statement setting out the rights and obligations conferred or imposed by section 21C on the person who was served the notice.

Such a notation included in the notice is cancelled if:

the ACC concludes the special ACC operation/investigation to which the notice relates; and

all criminal proceedings (if any) resulting from the operation or investigation have commenced.

If a notation is cancelled by subsection (6), the CEO must give written advice of the cancellation to the person who was served the notice.

For the purposes of the Privacy Act 1988, if:

a notation has been included under, but not cancelled by, this section; and

apart from this subsection, a credit reporting body (within the meaning of that Act) would be required, under subsection 20E(5) of that Act, to make a note about the disclosure of information to which the notation relates;