sec.45Providing reports and information

sec.45 Providing reports and information

The chair of the Board must keep the Commonwealth Minister informed of the general conduct of the ACC in the performance of the ACC’s functions under this Act. If the Commonwealth Minister requests the chair of the Board to give to him or her information about a specific matter relating to the ACC’s conduct in the performance of its functions under this Act, the chair must comply with the request. Subject to subsection (4) , if the State Minister requests the chair of the Board to give to him or her information about a specific matter relating to the ACC’s conduct in the performance of its functions under this Act, the chair must comply with the request. If the chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the chair must not provide the information under subsection (3) . Subject to subsection (7) , the chair of the Board— must, when requested by the Inter-Governmental Committee to give information to the Committee about a specific matter relating to an ACC operation/investigation that the ACC has conducted or is conducting, comply with the request; and must when requested by the Inter-Governmental Committee to do so, and may at the other times the chair of the Board thinks appropriate, inform the Committee about the general conduct of the ACC in the performance of the ACC’s functions under this Act. Subject to subsection (7) , the chair of the Board must give to the Inter-Governmental Committee, for transmission to the Governments represented on the Committee, a report of the findings of any special ACC operation/investigation conducted by the ACC. The chair of the Board— must not give to the Inter-Governmental Committee any matter the disclosure of which to members of the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies ( relevant matter ); and if the findings of the ACC in an investigation include any relevant matter, must prepare a separate report in relation to the relevant matter and give that report to the State Minister. The chair of the Board may include in a report given under subsection (6) a recommendation that the report be laid before the Legislative Assembly. The CEO may give to a relevant authority any information that has come into the ACC’s possession under this Act and that is relevant to the activities of that agency or authority if— it appears to the CEO to be appropriate to do so; and to do so would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply. The CEO may, whenever it appears to the CEO to be appropriate to do so, give to authorities and persons responsible for taking civil remedies by or on behalf of the Commonwealth, a State or a Territory, any information that has come into the ACC’s possession under this Act and that may be relevant for the purposes of so taking the remedies for matters connected with, or arising out of, offences against— the laws of the Commonwealth; or the laws of a State; or the laws of a Territory. If any information relating to the performance of the functions of an authority of the Commonwealth or a State or the Administration of a Territory comes into the ACC’s possession under this Act, the CEO may, if he or she considers it desirable to do so— give that information to the authority or Administration; and make any recommendations to the authority or Administration as to the performance of its functions that the CEO considers appropriate. A report under this Act that sets out any finding that an offence has been committed, or makes any recommendation for the institution of a prosecution for an offence, must not be made available to the public unless the finding or recommendation is expressed to be based on evidence that would be admissible in the prosecution of a person for that offence. The CEO may, whenever it appears to the CEO to be appropriate to do so, give to the Australian Security Intelligence Organisation any information that has come into the ACC’s possession under this Act and that is relevant to security as defined in section 4 of the Australian Security Intelligence Organisation Act 1979 (Cwlth) . In this section— relevant authority means— a law enforcement agency; or a foreign law enforcement agency; or an authority of the Commonwealth, a State or a Territory prescribed under a regulation. (sec.45-ssec.1) The chair of the Board must keep the Commonwealth Minister informed of the general conduct of the ACC in the performance of the ACC’s functions under this Act. (sec.45-ssec.2) If the Commonwealth Minister requests the chair of the Board to give to him or her information about a specific matter relating to the ACC’s conduct in the performance of its functions under this Act, the chair must comply with the request. (sec.45-ssec.3) Subject to subsection (4) , if the State Minister requests the chair of the Board to give to him or her information about a specific matter relating to the ACC’s conduct in the performance of its functions under this Act, the chair must comply with the request. (sec.45-ssec.4) If the chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the chair must not provide the information under subsection (3) . (sec.45-ssec.5) Subject to subsection (7) , the chair of the Board— must, when requested by the Inter-Governmental Committee to give information to the Committee about a specific matter relating to an ACC operation/investigation that the ACC has conducted or is conducting, comply with the request; and must when requested by the Inter-Governmental Committee to do so, and may at the other times the chair of the Board thinks appropriate, inform the Committee about the general conduct of the ACC in the performance of the ACC’s functions under this Act. (sec.45-ssec.6) Subject to subsection (7) , the chair of the Board must give to the Inter-Governmental Committee, for transmission to the Governments represented on the Committee, a report of the findings of any special ACC operation/investigation conducted by the ACC. (sec.45-ssec.7) The chair of the Board— must not give to the Inter-Governmental Committee any matter the disclosure of which to members of the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies ( relevant matter ); and if the findings of the ACC in an investigation include any relevant matter, must prepare a separate report in relation to the relevant matter and give that report to the State Minister. (sec.45-ssec.8) The chair of the Board may include in a report given under subsection (6) a recommendation that the report be laid before the Legislative Assembly. (sec.45-ssec.9) The CEO may give to a relevant authority any information that has come into the ACC’s possession under this Act and that is relevant to the activities of that agency or authority if— it appears to the CEO to be appropriate to do so; and to do so would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply. (sec.45-ssec.10) The CEO may, whenever it appears to the CEO to be appropriate to do so, give to authorities and persons responsible for taking civil remedies by or on behalf of the Commonwealth, a State or a Territory, any information that has come into the ACC’s possession under this Act and that may be relevant for the purposes of so taking the remedies for matters connected with, or arising out of, offences against— the laws of the Commonwealth; or the laws of a State; or the laws of a Territory. (sec.45-ssec.11) If any information relating to the performance of the functions of an authority of the Commonwealth or a State or the Administration of a Territory comes into the ACC’s possession under this Act, the CEO may, if he or she considers it desirable to do so— give that information to the authority or Administration; and make any recommendations to the authority or Administration as to the performance of its functions that the CEO considers appropriate. (sec.45-ssec.12) A report under this Act that sets out any finding that an offence has been committed, or makes any recommendation for the institution of a prosecution for an offence, must not be made available to the public unless the finding or recommendation is expressed to be based on evidence that would be admissible in the prosecution of a person for that offence. (sec.45-ssec.13) The CEO may, whenever it appears to the CEO to be appropriate to do so, give to the Australian Security Intelligence Organisation any information that has come into the ACC’s possession under this Act and that is relevant to security as defined in section 4 of the Australian Security Intelligence Organisation Act 1979 (Cwlth) . (sec.45-ssec.14) In this section— relevant authority means— a law enforcement agency; or a foreign law enforcement agency; or an authority of the Commonwealth, a State or a Territory prescribed under a regulation.