Use and disclosure of spent etc. conviction information by ASIO, ACC and other intelligence or security agencies
85ZZJC Use and disclosure of spent etc. conviction information by ASIO, ACC and other intelligence or security agencies
Spent, pardoned and quashed convictions
ASIO or an ASIO officer may use or disclose information, relating to a person’s conviction of an offence that is spent, pardoned or quashed, in the performance of the functions, or the exercise of the powers, of ASIO or the officer.
The ACC or an ACC officer may use or disclose information, relating to a person’s conviction of an offence that is spent, pardoned or quashed, in the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
The ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 relates to criminal intelligence assessments.
An intelligence or security agency may use or disclose information, relating to a person’s conviction of an offence that is spent, pardoned or quashed, 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.
Persons being found guilty of offences but discharged without conviction
ASIO or an ASIO officer may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, in the performance of the functions, or the exercise of the powers, of ASIO or the officer.
The ACC or an ACC officer may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, in the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
The ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 relates to criminal intelligence assessments.
An intelligence or security agency may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, 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.
Relationship with other laws
Nothing in this section limits any other power of ASIO, the ACC or an intelligence or security agency to use or disclose information:
relating to a person’s conviction of an offence that is spent, pardoned or quashed; or
relating to a person having been charged with and found guilty of an offence but discharged without conviction.
Interpretation
This section has effect:
despite subsection 85ZP(3) and Divisions 2 and 3; and
despite any law of a State or Territory.
In this section:
ACC officer means:
a member of the staff of the ACC; or
the Chief Executive Officer of the ACC.
ASIO means the Australian Security Intelligence Organisation.
ASIO officer means:
the Director‑General of Security; or
an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979); or
an ASIO affiliate (within the meaning of that Act).
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