Crimes Act. Australia

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СКАЧАТЬ style="font-size:15px;">      (1) A constable or Commonwealth officer may use, or make available to another constable or Commonwealth officer to use, a thing seized under this Part, or the original or a copy of a document produced under Division 4B, for the purpose of any or all of the following if it is necessary to do so for that purpose:

      (a) preventing, investigating or prosecuting an offence;

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

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

      (d) proceedings for the forfeiture of the thing under a law of the Commonwealth;

      (e) 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 or 105 of the Criminal Code;

      (f) 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;

      (g) 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;

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

      (i) investigating or inquiring into a corruption issue under the Law Enforcement Integrity Commissioner Act 2006;

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

      (k) deciding whether to institute proceedings, to make an application or request, or to take any other action, mentioned in any of the preceding paragraphs of this subsection;

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

      (2) A constable or Commonwealth officer may use a thing seized under this Part, or the original or a copy of a document produced under Division 4B, for any other use that is required or authorised by or under a law of a State or a Territory.

      (3) A constable or Commonwealth officer may make available to another constable or Commonwealth officer to use a thing seized under this Part, or the original or a copy of a document produced under Division 4B, for any purpose for which the making available of the thing or document is required or authorised by a law of a State or Territory.

      (4) 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.

      Sharing thing or document for use by State, Territory or foreign agency

      (5) A constable or Commonwealth officer may make a thing seized under this Part, or the original or a copy of a document produced under Division 4B, available to:

      (a) a State or Territory law enforcement agency; or

      (b) an agency that has responsibility for:

      (i) law enforcement in a foreign country; or

      (ii) intelligence gathering for a foreign country; or

      (iii) the security of a foreign country;

      to be used by that agency for a purpose mentioned in subsection (1), (2) or (3) and the purpose of any or all of the following (but not for any other purpose):

      (c) preventing, investigating or prosecuting an offence against a law of a State or Territory;

      (d) proceedings under a corresponding law (within the meaning of the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002);

      (e) proceedings for the forfeiture of the thing under a law of a State or Territory;

      (f) deciding whether to institute proceedings or to take any other action mentioned in any of paragraphs (1)(a) to (l) (inclusive), subsection (2) or (3) or paragraph (c), (d) or (e) of this subsection.

      Ministerial arrangements for sharing

      (6) 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), (3) and (5), of things seized under this Part and originals and copies of documents produced under Division 4B; 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

      (7) 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 constituted by the New South Wales Crime Commission Act 1985 of New South Wales; or

      (c) the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 of New South Wales; or

      (d) the Police Integrity Commission constituted by the Police Integrity Commission Act 1996 of New South Wales; or

      (e) the Office of Police Integrity continued by the Police Integrity Act 2008 of Victoria; or

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

      (g) the Corruption and Crime Commission established by the Corruption and Crime Commission Act 2003 of Western Australia.

      3ZQV Operating seized electronic equipment

      (1) This section applies to electronic equipment seized under this Part or moved under section 3K.

      (2) The electronic equipment may be operated at any location after it has been seized or moved, for the purpose of determining whether data that is evidential material is held on or accessible from the electronic equipment, and obtaining access to such data.

      (3) The data referred to in subsection (2) includes, but is not limited to, the following:

      (a) data held on the electronic equipment, including data held on the electronic equipment when operated under this section that was not held on the electronic equipment at the time the electronic equipment was seized;

      (b) data not held on the electronic equipment but accessible by using it, including data that was not accessible at the time the electronic equipment was seized.

      (4) If СКАЧАТЬ