Protection of information supplied by law enforcement agencies or intelligence agencies
503A Protection of information supplied by law enforcement agencies or intelligence agencies
If information is communicated to an authorised migration officer by a gazetted agency on condition that it be treated as confidential information and the information is relevant to the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA:
the officer must not divulge or communicate the information to another person, except where:
the other person is the Minister or an authorised migration officer; and
the information is divulged or communicated for the purposes of the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA; and
an authorised migration officer to whom information has been communicated in accordance with paragraph (a) or this paragraph must not divulge or communicate the information to another person, except where:
the other person is the Minister or an authorised migration officer; and
the information is divulged or communicated for the purposes of the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA.
Authorised migration officer and gazetted agency are defined by subsection (9).
If:
information is communicated to an authorised migration officer by a gazetted agency on condition that it be treated as confidential information and the information is relevant to the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA; or
information is communicated to the Minister or an authorised migration officer in accordance with paragraph (1)(a) or (b);
then:
the Minister or officer must not be required to divulge or communicate the information to a court, a tribunal, a parliament or parliamentary committee or any other body or person; and
if the information was communicated to an authorised migration officer—the officer must not give the information in evidence before a court, a tribunal, a parliament or parliamentary committee or any other body or person.
The Minister may, by writing, declare that subsection (1) or (2) does not prevent the disclosure of specified information in specified circumstances to a specified Minister, a specified Commonwealth officer, a specified court or a specified tribunal. However, before making the declaration, the Minister must consult the gazetted agency from which the information originated.
Commonwealth officer is defined by subsection (9).
The Minister does not have a duty to consider whether to exercise the Minister’s power under subsection (3).
If a person divulges or communicates particular information to a Commonwealth officer in accordance with a declaration under subsection (3), the officer must comply with such conditions relating to the disclosure by the officer of the information as are specified in the declaration.
If a person divulges or communicates particular information to a Commonwealth officer in accordance with a declaration under subsection (3):
the officer must not be required to divulge or communicate the information to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2); and
the officer must not give the information in evidence before the Federal Court or the Federal Circuit and Family Court of Australia (Division 2).
The information may only be considered by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) if a fresh disclosure of the information is made in accordance with:
a declaration under subsection (3); or
subsection 503B(6).
If a person divulges or communicates particular information to a tribunal in accordance with a declaration under subsection (3), the member or members of the tribunal must not divulge or communicate the information to any person (other than the Minister or a Commonwealth officer).
If a person divulges or communicates particular information to a tribunal in accordance with a declaration under subsection (3):
the member or members of the tribunal must not be required to divulge or communicate the information to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2); and
the member or members of the tribunal must not give the information in evidence before the Federal Court or the Federal Circuit and Family Court of Australia (Division 2).
The information may only be considered by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) if a fresh disclosure of the information is made in accordance with:
a declaration under subsection (3); or
subsection 503B(6).
This section has effect despite anything in:
any other provision of this Act (other than sections 503B and 503C); and
any law (whether written or unwritten) of a State or a Territory.
To avoid doubt, if information is divulged or communicated:
in accordance with paragraph (1)(a) or (b); or
in accordance with a declaration under subsection (3);
the divulging or communication, as the case may be, is taken, for the purposes of the Australian Privacy Principles, to be authorised by this Act.
If any Act (whether passed before or after the commencement of this section), except the Inspector‑General of Intelligence and Security Act 1986, provides for information to be given, that Act has effect subject to this section unless that Act expressly provides otherwise.
This section is specified in Schedule 3 to the Freedom of Information Act 1982 with the effect that documents containing information protected from disclosure by this section are exempt documents under that Act.
In this section:
Australian law enforcement or intelligence body means a body, agency or organisation that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud or security intelligence in, or in a part of, Australia.
authorised migration officer means a Commonwealth officer whose duties consist of, or include, the performance of functions, or the exercise of powers, under this Act.
Commonwealth officer has the same meaning as in section 121.1 of the Criminal Code.
A Minister is not a Commonwealth officer.
foreign law enforcement body means a body, agency or organisation that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud or security intelligence in a foreign country or a part of a foreign country.
gazetted agency means:
in the case of an Australian law enforcement or intelligence body—a body specified in a notice published by the Minister in the Gazette; or
in the case of a foreign law enforcement body—a body in a foreign country, or a part of a foreign country, that is a foreign country, or part of a foreign country, specified in a notice published by the Minister in the Gazette; or
a war crimes tribunal established by or under international arrangements or international law.
For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
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