National Consumer Credit Protection Act 2009

SECTION 3ZQU PURPOSES FOR WHICH THINGS MAY BE USED AND SHARED  

3ZQU(1)
A constable or Commonwealth officer may use, or make available to a member of ASIC or an ASIC staff member to use, a thing seized under this Part for the purpose of the performance of ASIC ' s functions or duties or the exercise of its powers.

3ZQU(2)
Without limiting the scope of subsection (1), a constable or Commonwealth officer may use, or make available to a person covered under subsection (3) to use, a thing seized under this Part for the purpose of any or all of the following if it is necessary to do so for that purpose:

(a) preventing or investigating any of the following:

(i) a breach of an offence provision;

(ii) a breach of a civil penalty provision;

(iii) a breach of an obligation (whether under statute or otherwise), other than an obligation of a private nature (such as an obligation under a contract, deed, trust or similar arrangement);

(b) prosecuting a breach of an offence provision;

(c) prosecuting a breach of a civil penalty provision;

(d) taking administrative action, or seeking an order of a court or tribunal (within the meaning of the Australian Securities and Investments Commission Act 2001 ), in response to a breach of an obligation (whether under statute or otherwise), other than an obligation of a private nature (such as an obligation under a contract, deed, trust or similar arrangement).

3ZQU(3)
A person is covered under this subsection if the person is any of the following:

(a) a constable;

(b) a Commonwealth officer.

3ZQU(4)
Without limiting the scope of subsections (1) and (2), a constable or Commonwealth officer may use, or make available to a person covered under subsection (3) to use, a thing seized under this Part for the purpose of any or all of the following if it is necessary to do so for that purpose:

(a) proceedings under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 ;

(b) proceedings under a corresponding law (within the meaning of either of the Acts mentioned in paragraph (a)) that relate to a State offence that has a federal aspect;

(c) proceedings for the forfeiture of the thing under a law of the Commonwealth, a State or a Territory;

(d) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Division 104 , 105 or 105A of the Criminal Code ;

(e) investigating or resolving a complaint or an allegation of misconduct relating to an exercise of a power or the performance of a function or duty under this Part;

(f) investigating or resolving an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979 ) under Part V of that Act;

(g) investigating or resolving a complaint under the Ombudsman Act 1976 or the Privacy Act 1988 ;

(h) conducting a NACC Act process (within the meaning of the National Anti-Corruption Commission Act 2022 );

(i) proceedings in relation to a complaint, allegation or issue mentioned in paragraph (e), (f), (g) or (h);

(j) deciding whether to institute proceedings, to make an application or request, or to take any other action, mentioned in:

(i) any of the preceding paragraphs of this subsection; or

(ii) subsection (1) or (2);

(k) the performance of the functions of the Australian Federal Police under section 8 of the Australian Federal Police Act 1979 .

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History

S 3ZQU(4) amended by No 89 of 2022, s 3 and Sch 1[123], effective 1 July 2023.

3ZQU(5)
A constable or Commonwealth officer may use a thing seized under this Part for any other use that is required or authorised by or under a law of a State or a Territory.

3ZQU(6)
A constable or Commonwealth officer may make available to another constable or Commonwealth officer to use a thing seized under this Part for any purpose for which the making available of the thing is required or authorised by a law of a State or Territory.

3ZQU(7)
To avoid doubt, this section does not limit any other law of the Commonwealth that:

(a) requires or authorises the use of a document or other thing; or

(b) requires or authorises the making available (however described) of a document or other thing.

3ZQU(8)
A constable or Commonwealth officer may make available to an agency that has responsibility for:

(a) law enforcement in a foreign country; or

(b) intelligence gathering for a foreign country; or

(c) the security of a foreign country;

a thing seized under this Part to be used by that agency for:

(d) a purpose mentioned in subsection (1), (2), (4), (5) or (6); or

(e) the purpose of performing a function, or exercising a power, conferred by a law in force in that foreign country.

Ministerial arrangements for sharing

3ZQU(9)
This Division does not prevent the Minister from making an arrangement with a Minister of a State or Territory for:

(a) the making available to a State or Territory law enforcement agency of that State or Territory, for purposes mentioned in subsections (1), (2), (4), (6) and (8), of things seized under this Part; and

(b) the disposal by the agency of such things, originals and copies when they are no longer of use to that agency for those purposes.

Note:

This subsection does not empower the Minister to make such an arrangement.

Definition

3ZQU(10)
In this section:

State or Territory law enforcement agency
means:

(a) the police force or police service of a State or Territory; or

(b) the New South Wales Crime Commission; or

(c) the Independent Commission Against Corruption of New South Wales; or

(d) the Law Enforcement Conduct Commission of New South Wales; or

(e) the Independent Broad-based Anti-corruption Commission of Victoria; or

(f) the Crime and Corruption Commission of Queensland; or

(g) the Corruption and Crime Commission of Western Australia; or

(h) the Independent Commissioner Against Corruption of South Australia.

SECTION 3ZQUA COMMONWEALTH LAW PERMITTING ACCESS TO THINGS SEIZED UNDER THIS PART DOES NOT APPLY  

3ZQUA(1)
This section applies if, disregarding this section, a law of the Commonwealth (other than this Part) requires or permits any of the following to be made available to a person covered under subsection (3):

(a) a thing seized under this Part;

(b) if a thing contains data that ASIC or the Australian Federal Police came into possession of as a result of exercising powers under this Part - the thing.

3ZQUA(2)
Subject to subsection (4), that law does not require or permit the thing to be made available to the person.

3ZQUA(3)
A person is covered under this subsection if the person is not, and is not representing, the Commonwealth, a State or a Territory.

3ZQUA(4)
This section does not affect any of the following:

(a) the power of a court, or of a tribunal (within the meaning of the Australian Securities and Investments Commission Act 2001 ), to make an order;

(b) the effect of an order of a court, or of a tribunal (within the meaning of that Act).

3ZQUA(5)
This section does not affect the operation of the Freedom of Information Act 1982 .