155AAnnual reports by law enforcement agencies etc. on disclosure or use of personal information

155A Annual reports by law enforcement agencies etc. on disclosure or use of personal information

(1) This section applies to: (a) a law enforcement agency, if the agency requests or requires, during a financial year, an accredited entity to disclose biometric information of an individual obtained as part of the provision of the entity’s accredited services; or (b) an enforcement body, if the body requests or requires, during a financial year, an accredited entity to use or disclose personal information of an individual obtained as part of the provision of the entity’s accredited services for the purposes of enforcement related activities conducted by, or on behalf of, the enforcement body.

Note: An accredited entity is authorised to disclose biometric information of an individual to a law enforcement agency only in certain circumstances, such as under a warrant (see subsection 49(3)). An accredited entity can disclose personal information of an individual to an enforcement body in certain circumstances, but the personal information must not be biometric information (see section 54).

(2) At the end of the financial year, the law enforcement agency or the enforcement body (as the case requires) must prepare and give a report to the AFP Minister that includes the following: (a) the total number of requests or requirements made by the agency or body during the financial year; (b) details of the type of information requested or required (but not including personal information of a particular individual or details that would identify a particular individual) during the financial year; (c) the total number of requests or requirements that were complied with (in whole or in part) by an accredited entity during the financial year. (3) The report must be given to the AFP Minister by: (a) the 30th day of September; or (b) the end of any further period granted under subsection 34C(5) of the Acts Interpretation Act 1901.