Financial Transaction Reports Act 1988
View history note
Hide history notePt IV repealed by No 170 of 2006, s 3 and Sch 1 item 114, effective 13 December 2006.
(Repealed by No 170 of 2006)
S 27AA repealed by No 170 of 2006, s 3 and Sch 1 item 114, effective 13 December 2006. S 27AA formerly read:
An authorisation under subsection (1) must state the FTR information, or the class of FTR information, to which ASIO is to have access. If ASIO is authorised under subsection (1) to have access to FTR information, any ASIO officer (see subsection (8)) authorised by the Director-General of Security (see subsection (8)) is entitled to access to that FTR information in accordance with the authorisation. If a person who is an ASIO officer obtains FTR information under this section:
S 27AA(4) amended by No 66 of 2002.
SECTION 27AA ACCESS BY ASIO TO FTR INFORMATION
27AA(1)
Despite anything in section
25
, the Director may, in writing, authorise ASIO (see subsection (8)) to have access to FTR information for the purpose of performing its functions.
27AA(2)
Director
'
s authorisation must state FTR information, or class of FTR information, to which access authorised.
27AA(3)
Who, within ASIO, may access information once access by ASIO is authorised.
27AA(4)
Dealings with information once accessed.
(a)
the person must not, while he or she is an ASIO officer, divulge or communicate the information except to:
(i)
a police officer (see subsection (8)) for the purposes of, or in connection with, the performance of that officer
'
s duties; or
(ii)
an IGIS officer (see subsection (8)) for the purposes of, or in connection with, the performance of that officer
'
s duties in relation to ASIO or employees of ASIO; or
(iii)
another ASIO officer for the purposes of, or in connection with, the performance of that officer
'
s duties; or
(iv)
where communication to a foreign intelligence agency is permitted under subsection (5A) or (5B)
-
the foreign intelligence agency; and
(b)
the person must not, when he or she is no longer an ASIO officer, make a record of the information, or divulge or communicate the information, in any circumstances.
27AA(5)
If a person who is an IGIS officer obtains FTR information under this section:
(a) the person must not, while he or she is an IGIS officer, divulge or communicate the information except:
(i) to another IGIS officer for the purposes of, or in connection with, the performance of that officer ' s duties in relation to ASIO or employees of ASIO; or
(ii) to the Director-General of Security in a draft report under section 21 of the Inspector-General of Intelligence and Security Act 1986 (the IGIS Act ) in relation to ASIO or employees of ASIO; or
(iii) in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, in a report under section 22, or a written response to a complainant under section 23, of the IGIS Act in relation to ASIO or employees of ASIO; or
(iv) to the Director-General of Security in a report, in relation to ASIO or employees of ASIO, under section 25A of the IGIS Act; or
(v) in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, in a report to the responsible Minister, in relation to ASIO or employees of ASIO, under section 25A of the IGIS Act; and
(b) the person must not, when he or she is no longer an IGIS officer, make a record of the information, or divulge or communicate the information, in any circumstances.
27AA(5A) Circumstances in which the Director-General of Security may communicate FTR information to a foreign intelligence agency.
The Director-General of Security may communicate FTR information to a foreign intelligence agency if:
(a) the Director-General is satisfied that the foreign intelligence agency has given appropriate undertakings for:
(i) protecting the confidentiality of the information; and
(ii) controlling the use that will be made of it; and
(iii) ensuring that the information will be used only for the purpose for which it is communicated to the foreign country; and
(b) it is appropriate, in all the circumstances of the case, to do so.
S 27AA(5A) inserted by No 66 of 2002.
27AA(5B)
The Director-General of Security may, in writing, authorise an ASIO officer to communicate the information to the foreign intelligence agency on the Director-General ' s behalf.
S 27AA(5B) inserted by No 66 of 2002.
27AA(6) Use of accessed information in court proceedings.
A person who is or has been an ASIO officer or IGIS officer and who obtained FTR information under this section must not be required:
(a) to produce in a court any document containing FTR information; or
(b) to divulge or communicate to any court any FTR information.
27AA(7) Dealings in contravention of this section.
If a person who is or has been an ASIO officer or an IGIS officer makes a record of, or divulges or communicates, information in contravention of this section, the person is guilty of an offence against this section punishable, upon conviction, by imprisonment for not more than 2 years.
Note 1:
Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on an individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA .
Note 2:
Subsections 27(6) to (11), 27(12) and 27(13) deal with the use by a police officer of FTR information obtained from ASIO.
S 27AA(7) amended by No 66 of 2002.
27AA(8) Interpretation.
In this section:
ASIO
means the Australian Security Intelligence Organisation.
ASIO officer
means:
(a) the Director-General of Security; or
(b) a person employed under paragraph 84(1)(a) or (b) of the Australian Security Intelligence Organisation Act 1979 .
Director-General of Security
means the Director-General of Security holding office under the
Australian Security Intelligence Organisation Act 1979
.
foreign intelligence agency
means an agency that has responsibility for:
(a) intelligence gathering for a foreign country; or
(b) the security of a foreign country.
IGIS officer
means:
(a) the Inspector-General of Intelligence and Security holding office under the Inspector-General of Intelligence and Security Act 1986 ; or
(b) a member of staff appointed to assist the Inspector-General of Intelligence and Security under that Act.
police officer
means:
(a) a Commissioner of the Australian Federal Police; or
(b) a member or special member of the Australian Federal Police; or
(c) an officer, employee or other person under the control of the Commissioner of the Australian Federal Police.
responsible Minister
means the Minister responsible for administering the
Australian Security Intelligence Organisation Act 1979
.
Definition of " foreign intelligence agency " inserted by No 66 of 2002.
27AA(9)
Without prejudice to its effect apart from this subsection, this section also has effect as if a reference to a police officer included a reference to:
(a) the commanding officer of the Police Force of a State; and
(b) a member of a Police Force of a State; and
(c) an officer, employee or other person under the control of the commanding officer of the Police Force of a State.
S 27AA inserted by No 161 of 1999.
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