(2C) If the chief officer of the authorising agency is of the view that disclosing the identity of a person may:
(a) endanger the safety of the person; or
(b) prejudice an investigation or prosecution;
then the person is sufficiently identified for the purposes of paragraphs (2A)(b) and (2B)(b) if the person is identified:
(c) by an assumed name under which the person is operating; or
(d) by a code name or code number;
as long as the chief officer can match the assumed name, code name or code number to the person’s identity.
(3) The Ombudsman may require the chief officer of an authorising agency to give additional information covering any controlled operation to which a report relates.
(4) Nothing in paragraphs (2)(o) to (t) requires particulars of a controlled operation to be included in a report for a period of 6 months if the operation had not been completed during that period, but the particulars must instead be included in the report for the period of 6 months in which the operation is completed.
(5) A copy of a report given to the Ombudsman under this section must be given to the Minister at the same time as it is given to the Ombudsman.
15HN Chief officers’ annual reports to Minister and Ombudsman
(1) As soon as practicable after 30 June in each year, the chief officer of each authorising agency must submit a report to the Minister setting out the details required by subsections 15HM(2), (2A), (2B) and (2C) in relation to controlled operations for which the agency was the authorising agency during the previous 12 months.
(2) Each chief officer must advise the Minister of any information in a report that, in the chief officer’s opinion, should be excluded from the report before the report is laid before the Parliament because:
(a) the information, if made public, could reasonably be expected to:
(i) endanger a person’s safety; or
(ii) prejudice an investigation or prosecution; or
(iii) compromise any law enforcement agency’s operational activities or methodologies; or
(b) making the information public would be contrary to the public interest for any other reason.
(3) The Minister must exclude information from a report if the Minister is satisfied on the advice of the chief officer of any of the grounds set out in subsection (2) and must then cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives it.
(4) A report must not disclose any information that identifies any person involved in an operation or that is likely to lead to such a person being identified.
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(5) Nothing in this section requires particulars of a controlled operation to be included in a report for a year if the operation had not been completed as at 30 June in that year, but the particulars must instead be included in the report for the year in which the operation is completed.
(6) If a report relates, in whole or in part, to the work or activities of the ACC under a corresponding State controlled operations law, the Minister must, as soon as practicable after the report is laid before each House of the Parliament, send a copy of the report to the State or Territory Minister with responsibility for the corresponding State controlled operations law.
(7) A copy of a report given to the Minister under this section must be given to the Ombudsman at the same time as it is given to the Minister.
15HO Annual report by Ombudsman
(1) The Ombudsman must, as soon as practicable after 30 June in each year:
(a) prepare a report of the work and activities under this Part of the Ombudsman for the preceding 12 months and give a copy of the report to the Minister and to the chief officer of the law enforcement agency to which the report relates; and
(b) prepare a report of the work and activities of the Ombudsman for the preceding 12 months, being work or activities under a corresponding State controlled operations law, and give a copy of the report to the Minister and to the chief officer of the ACC.
(2) A report under this section must not include information which, if made public, could reasonably be expected to:
(a) endanger a person’s safety; or
(b) prejudice an investigation or prosecution; or
(c) compromise any law enforcement agency’s operational activities or methodologies.
(3) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives it.
(4) A report must include, for each authorising agency concerned, comments on the comprehensiveness and adequacy of the reports which were provided to the Ombudsman by the chief officer of the authorising agency under sections 15HM and 15HN.
(5) A report must not disclose any information that identifies any person involved in an operation or that is likely to lead to such a person being identified.
(6) Nothing in this section requires particulars of a controlled operation to be included in a report for a year if the operation had not been completed as at 30 June in that year, but the particulars must instead be included in the report for the year in which the operation is completed.
(7) If a report relates, in whole or in part, to the work or activities of the ACC under a corresponding State controlled operations law, the Minister must, as soon as practicable after the report is laid before each House of the Parliament, send a copy of the report to the State or Territory Minister with responsibility for the corresponding State controlled operations law.
15HP Keeping documents connected with controlled operations
The chief officer of an authorising agency must cause the following to be kept:
(a) each formal application made to an authorising officer of the agency;
(b) each written record of an urgent application made to such an authorising officer;
(c) each formal authority granted by such an authorising officer;
(d) each written record of an urgent authority issued under section 15GL;
(e) each formal variation application made to such an authorising officer or to a nominated Tribunal member;
(f) each written record of an urgent variation application made to such an authorising officer or to a nominated Tribunal member;
(g) each formal variation of authority by such an authorising officer or by a nominated Tribunal member;
(h) each written document given under subsection 15GR(2) in relation to a variation of an authority by such an authorising officer;
(i) each written document given under subsection 15GW(2) in relation to a variation of a formal authority by a nominated Tribunal member;
(j) each order cancelling an authority granted by such an authorising officer.
15HQ General register
(1) The chief officer of each authorising agency must cause a general register to be kept.
(2) The general register is to specify:
(a) for each application under this Part made to an authorising officer of the agency (including an application for a variation of an authority):
(i) the date of the application; and
(ii) whether the application was formal or urgent; and
(iii) whether the application was granted, refused or withdrawn; and
(iv) if the application was refused or withdrawn—the date and time of the refusal or withdrawal; and
(b) for each authority under this Part granted by an authorising officer of the agency:
(i) the date and time the authority was granted; and
(ii) whether the authority was formal or urgent; and
(iii) the name and rank or position of the person who granted the authority; and
(iv) each serious Commonwealth offence or serious State offence that has a federal aspect in respect of which controlled conduct under the authority was to be engaged in; and
(v) the period of effect of the authority; and
(vi) the identity of each person authorised to engage in controlled conduct for the purposes of the controlled operation; and
(vii) with respect to the law enforcement participants, the nature of the controlled conduct that those participants were authorised to engage in; and
(viii) with respect to the civilian participants, the particular controlled conduct (if any) that each such participant was authorised to engage in; and
(viiia) the nature of the controlled conduct that was engaged in by law enforcement participants and civilian participants (if any); and
(ix) if the authority was cancelled, the date and time of cancellation; and
(x) the date and time the controlled operation began, the date on which the operation ceased, and the outcomes of the operation; and
(xi) if the controlled operation involved illicit goods (to the extent known), the nature and quantity of the illicit goods and the route and all foreign countries through which the illicit goods passed in the course of the operation; and
(xii) details of any loss of or serious damage to property (other than property of the law enforcement agency on behalf of which the operation is conducted or a participant in the operation) occurring in the course of or as a direct result of the controlled operation; and
(xiii) details of any personal injuries occurring in the course of or as a direct result of the operation; and
(c) for each variation of an authority under this Part made by an authorising officer of the agency:
(i) the date and time the variation was made; and
(ii) whether the variation was formal or urgent; and
(iii) the name and rank or position of the person who made the variation.
(2A) If the controlled operation involved illicit goods that are narcotic goods, the general register is to:
(a) identify each law enforcement agency an officer of which had possession of the narcotic goods in the course of the controlled operation; and
(b) identify to the extent known any other person who had possession of the narcotic goods in the course of the controlled operation; and
(c) state whether the narcotic goods have been destroyed; and
(d) if the narcotic goods have not been destroyed—contain the information specified in subsection (2B) relating to the possession of the narcotic goods, or state that it is not known who has possession of them.
(2B) If the controlled operation involved narcotic goods that have not been destroyed, and the identity of the person who has possession of the narcotic goods is known, the general register is to:
(a) if the person is a law enforcement officer—identify the law enforcement agency of which the person is an officer; or
(b) otherwise—identify the person.
(2C) If the chief officer of the authorising agency is of the view that disclosing the identity of a person may:
(a) endanger the safety of the person; or
(b) prejudice an investigation or prosecution;
then the person is sufficiently identified for the purposes of paragraphs (2A)(b) and (2B)(b) if the person is identified:
(c) by an assumed name under which the person is operating; or
(d) by a code name or code number;
as long as the chief officer can match the assumed name, code name or code number to the person’s identity.
(3) A register kept under this section is not a legislative instrument.
15HR Appointment of inspecting officers
(1) The Ombudsman may appoint members of the Ombudsman’s staff to be inspecting officers for the purposes of this Part.
(2) An appointment under subsection (1) must be in writing.
15HS Inspection of records by the Ombudsman
(1) The Ombudsman must, from time to time and at least once every 12 months, inspect the records of each authorising agency to determine the extent of compliance with this Part by the agency and by law enforcement officers.
(2) The Ombudsman must also, from time to time and at least once every 12 months, inspect the records of the ACC to determine the extent of compliance with corresponding State controlled operations laws, in relation to any authorities (within the meaning of each such law):
(a) for which a law enforcement officer of the ACC applied; or
(b) that were granted to a law enforcement officer of the ACC;
unless the corresponding State controlled operations law provides for the inspection of records of the ACC to determine the extent of compliance with that law.
(3) For the purpose of an inspection under this section, the Ombudsman:
(a) may, after notifying the chief officer of the agency, enter at any reasonable time premises occupied by the agency; and
(b) is entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and
(c) may require a member of staff of the agency to give the Ombudsman any information that the Ombudsman considers necessary, being information that is in the member’s possession, or to which the member has access, and that is relevant to the inspection; and
(d) may, despite any other law, make copies of, and take extracts from, records of the agency.
(4) The chief officer must ensure that members of staff of the agency give the Ombudsman any assistance the Ombudsman reasonably requires to enable the Ombudsman to perform functions under this section.
(5) Nothing in this section requires the Ombudsman to inspect records relating to operations that have not been completed at the time of the inspection.
15HT Power to obtain relevant information
(1) If the Ombudsman has reasonable grounds to believe that a law enforcement officer of a particular law enforcement agency (whether or not the agency is an authorising agency) is able to give information relevant to an inspection under this Division of an authorising agency’s records, subsections (2) and (3) have effect.
(2) The Ombudsman may, by writing given to the law enforcement officer, require the officer to give the information to the Ombudsman:
(a) by writing signed by the officer; and
(b) at a specified place and within a specified period.
(3) The Ombudsman may, by writing given to the law enforcement officer, require the officer to attend:
(a) before a specified inspecting officer; and
(b) at a specified place; and
(c) within a specified period or at a specified time on a specified day;
to answer questions relevant to the inspection.
(4) If the Ombudsman:
(a) has reasonable grounds to believe that a law enforcement officer of a particular law enforcement agency (whether or not the agency is an authorising agency) is able to give information relevant to an inspection under this Division of an authorising agency’s records; and
(b) does not know the officer’s identity;
the Ombudsman may, by writing given to the chief officer of the agency, require the chief officer, or a person nominated by the chief officer, to attend:
(c) before a specified inspecting officer; and
(d) at a specified place; and
(e) within a specified period or at a specified time on a specified day;
to answer questions relevant to the inspection.
(5) The place, and the period or the time and day, specified in a requirement under this section, must be reasonable having regard to the circumstances in which the requirement is made.
15HU Offence
A person commits an offence if:
(a) the person is required under section 15HT to attend before an inspecting officer, to give information or to answer questions; and
(b) the person refuses or fails to do so.
Penalty: Imprisonment for 6 months.
15HV Ombudsman to be given information and access despite other laws
(1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Division, on the ground that giving the information, answering the question, or giving access to the document, as the case may be:
(a) would contravene a law; or
(b) would be contrary to the public interest; or
(c) might tend to incriminate the person or make the person liable to a penalty; or
(d) would disclose one of the following:
(i) a legal advice given to a Minister, a Department or a prescribed authority;
(ii) a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege.
(2) However, if the person is a natural person:
(a) the information, the answer, or the fact that the person has given access to the document, as the case may be; and
(b) any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;
is not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section 15HK of this Act or Part 7.4 or 7.7 of the Criminal Code.
(3) Nothing in section 15HK or in any other law prevents an officer of an agency from:
(a) giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or
(b) giving access to a record of the agency to an inspecting officer;
for the purposes of an inspection under this Division of the agency’s records.
(4) Nothing in section 15HK or in any other law prevents an officer of an agency from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (3).
(5) The fact that a person is not excused under subsection (1) from giving information, answering a question or giving access to a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document.
(6) In this section:
prescribed authority has the same meaning as in the Ombudsman Act 1976.
15HW Exchange of information between Ombudsman and State inspecting authorities
(1) In this section:
State or Territory agency means a law enforcement agency of a State or Territory within the meaning of a corresponding State controlled operations law.