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. > Note: This subsection does not empower the Minister to make such an arrangement. Definition (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. 3ZQUA Commonwealth law permitting access to things seized under this Part does not apply (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. (2) Subject to subsection (4), that law does not require or permit the thing to be made available to the person. (3) A person is covered under this subsection if the person is not, and is not representing, the Commonwealth, a State or a Territory. (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). (5) This section does not affect the operation of the Freedom of Information Act 1982.