39HMajor modifications—purposes for which things may be used and shared

39H Major modifications—purposes for which things may be used and shared

For the purposes of subsection 39D(1), replace section 3ZQU of the Crimes Act 1914 with the following 2 sections.

3ZQU Purposes for which things may be used and shared

(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. (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). (3) A person is covered under this subsection if the person is any of the following: (a) a constable; (b) a Commonwealth officer. (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. (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. (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. (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. (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 (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.