Exclusions
85ZZH Exclusions
Division 3 does not apply in relation to the disclosure of information to or by, or the taking into account of information by a person or body referred to in one of the following paragraphs for the purpose specified in relation to the person or body:
a law enforcement agency, for the purpose of making decisions in relation to prosecution or sentencing or of assessing:
prospective employees or prospective members of the agency; or
persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;
an intelligence or security agency, for the purpose of assessing:
prospective employees or prospective members of the agency; or
persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;
a court or tribunal established under a Commonwealth law, a State law or a Territory law, for the purpose of making a decision, including a decision in relation to sentencing;
a person who makes a decision under the Migration Act 1958, the Australian Citizenship Act 2007, or the Immigration Act 1980 of the Territory of Norfolk Island, for the purpose of making that decision;
a Commonwealth authority, for the purpose of assessing appointees or prospective appointees to a designated position;
AUSTRAC, for the purpose of assessing:
prospective members of the staff of AUSTRAC; or
persons proposed to be engaged as consultants under subsection 225(1) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or
persons whose services are proposed to be made available to AUSTRAC under subsection 225(3) of that Act;
the Australian Government Solicitor, for the purpose of instituting or conducting proceedings for Commonwealth offences;
a prescribed person or body, for a prescribed purpose, in relation to a conviction for a prescribed offence.
This provision refers to the regulations (prescribed person
, prescribed purpose
, prescribed offence
). Made under this Act:
- Crimes Regulations 2019 · under s 91
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