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COMMONWEALTHAct
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s 51

Disclosure for the purposes of law enforcement

In force
Part 4Obtaining, using and protecting information
Division 4Use and disclosure of relevant information

51 Disclosure for the purposes of law enforcement

(1)

An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:

(a)

the entrusted person reasonably believes that disclosing the information is necessary for the enforcement of the criminal law or a law imposing a pecuniary penalty; and

(b)

the functions of the body include that enforcement.

(2)

The bodies are the following:

(a)

a Commonwealth entity;

(b)

a State or Territory government entity;

(c)

the Australian Federal Police;

(d)

the police force or police service of a State or Territory.

Disclosure to State or Territory law enforcement bodies

(3)

However, the entrusted person must not disclose the information to a body mentioned in paragraph (2)(b) or (d) unless:

(a)

the entrusted person reasonably believes that disclosing the information is necessary for the purposes of giving effect to an intergovernmental agreement on a matter of national significance; and

(b)

the body has undertaken not to use or further disclose the information except in accordance with an agreement that:

(i)

is in force between the Commonwealth and the State or Territory; and

(ii)

applies in relation to the information; and

(c)

the entrusted person is satisfied that the information will be used or further disclosed only in accordance with that agreement.

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