Part 1 Authorisations made by the Organisation
1.01 Authorisation for access to existing information or documents
(1) For subsection 183(2) of the Act, and in respect of subsection 175(2) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the eligible person who is making the authorisation |
| 2 | The basis on which the eligible person is an eligible person |
| 3 | The relevant provision of the Act under which the authorisation is made |
| 4 | The name of the person from whom disclosure is sought |
| 5 | Details of the information or documents to be disclosed |
| 6 | A statement that the eligible person is satisfied that the disclosure of the information or documents would be in connection with the performance by the Organisation of its functions |
| 7 | The date on which the authorisation is made |
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
1.02 Authorisation for access to prospective information or documents
(1) For subsection 183(2) of the Act, and in respect of subsections 176(2) and 176(3) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the eligible person who is making the authorisation |
| 2 | The basis on which the eligible person is an eligible person |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The name of the person from whom disclosure is sought |
| 5 | Details of the information or documents to be disclosed |
| 6 | A statement that the eligible person is satisfied that the disclosure of the information or documents would be in connection with the performance by the Organisation of its functions |
| 7 | The date on which the authorisation is made and the date on which it is to end (being a date that is no later than the end of the period of 90 days beginning on the day the authorisation is made) |
Note for item 3 of the table: An authorisation for access to prospective information or documents is made under subsection 176(2) of the Act, but subsection 176(3) provides that an eligible person may also authorise the disclosure of existing information or documents.
Note for item 7 of the table: Paragraph 176(5)(a) of the Act provides that an authorisation comes into force at the time when the person from whom the disclosure is sought receives notification of the authorisation
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
Part 2 Authorisations made by enforcement agencies
2.01 Authorisation for access to existing information or documents
(1) For subsection 183(2) of the Act, and in respect of subsections 178(2) and 179(2) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the enforcement agency |
| 2 | The basis on which the enforcement agency is an enforcement agency |
| 3 | The identity of the authorised officer who is making the authorisation |
| 4 | The basis on which the authorised officer is an authorised officer |
| 5 | The relevant provision(s) of the Act under which the authorisation is made |
| 6 | The name of the person from whom disclosure is sought |
| 7 | Details of the information or documents to be disclosed |
| 8 | A statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the enforcement of the criminal law, for the enforcement of a law imposing a pecuniary penalty or for the protection of the public revenue (as applicable) |
| 8A | A statement that the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised |
| 9 | The date on which the authorisation is made |
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
2.01A Authorisations for access to existing information or documents by the Australian Federal Police – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of subsections 180A(2) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The name of the person from whom disclosure is sought |
| 5 | Details of the information or documents to be disclosed |
| 6 | A statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the enforcement of the criminal law of a foreign country |
| 7 | A statement that the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised |
| 8 | The date on which the authorisation is made |
(2) For subsection 183(2) of the Act, and in respect of subsection 180A(4) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The identity of the foreign law enforcement agency for whom the disclosure is requested |
| 5 | Details of the information or documents to be disclosed |
| 5A | A statement that the information or documents being disclosed to the foreign law enforcement agency under this authorisation were obtained via an authorisation under section 180A(2) of the Act |
| 6 | A statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the enforcement of the criminal law of a foreign country |
| 7 | A statement that the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised |
| 8 | The date on which the authorisation is made |
| 9 | A statement that the disclosure of the information or documents is being made to the foreign law enforcement agency subject to the following conditions:That the information or documents will only be used for the purposes for which the foreign law enforcement agency requested the information or documents; andThat any document or any other thing containing the information will be destroyed when it is no longer required for those purposes for which the foreign law enforcement agency requested the information or documents |
| 10 | A statement that the authorised officer:has had regard to the circumstances in which the disclosure is requested; andis satisfied that the disclosure is appropriate in all the circumstances. |
(3) An authorisation, whether in written or electronic form, must be signed by its maker.
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
2.02 Authorisation for access to prospective information or documents
(1) For subsection 183(2) of the Act, and in respect of subsections 180(2) and 180(3) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the criminal law‑enforcement agency |
| 2 | The basis on which the criminal law‑enforcement agency is a criminal law‑enforcement agency |
| 3 | The identity of the authorised officer who is making the authorisation |
| 4 | The basis on which the authorised officer is an authorised officer |
| 5 | The relevant provision(s) of the Act under which the authorisation is made |
| 6 | The name of the person from whom disclosure is sought |
| 7 | Details of the information or documents to be disclosed |
| 8 | A statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the investigation of:a serious offence; oran offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for at least 3 yearswith the statement to include short particulars of the offence |
| 9 | A statement that the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised |
| 10 | The date on which the authorisation is made and the date on which it is to end (being a date that is no later than the end of the period of 45 days beginning on the day the authorisation is made) |
Note for item 5 of the table: An authorisation for access to prospective information or documents is made under subsection 180(2) of the Act, but subsection 180(3) provides that an authorised officer may also authorise the disclosure of existing information or documents.
Note for item 10 of the table: Paragraph 180(6)(a) of the Act provides that an authorisation comes into force at the time when the person from whom the disclosure is sought receives notification of the authorisation
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
2.03 Authorisations for access to prospective information or documents by the Australian Federal Police – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of subsection 180B(2) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The name of the person from whom disclosure is sought |
| 5 | Details of the information or documents to be disclosed |
| 6 | A statement that the authorised officer is satisfied that the disclosure is reasonably necessary for the investigation of an offence against the law of a foreign country that:is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; orinvolves an act or omission that, if it had occurred in Australia, would have constituted a serious offencewith the statement to include short particulars of the offence |
| 7 | A statement that the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised |
| 8 | The date on which the authorisation is made and the date on which it is to end (being a date that is no later than the end of the period of 21 days beginning on the day the authorisation is made) |
| 9 | A statement that the Attorney‑General has authorised the making of the authorisation under the Mutual Assistance in Criminal Matters Act 1987 |
| 10 | A statement that the authorised officer:has had regard to the circumstances in which the disclosure is requested; andis satisfied that the disclosure is appropriate in all the circumstances. |
Note for item 8 of the table: Paragraph 180B(5)(a) of the Act provides that an authorisation comes into force at the time when the person from whom the disclosure is sought receives notification of the authorisation
(2) For subsection 183(2) of the Act, and in respect of subsection 180B(6) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the authorised officer of the Australian Federal Police who is extending the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is extended |
| 4 | The name of the person from whom disclosure is sought |
| 5 | A statement that the authorised officer is satisfied that the disclosure is reasonably necessary for the investigation of an offence against the law of a foreign country that:is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; orinvolves an act or omission that, if it had occurred in Australia, would have constituted a serious offencewith the statement to include short particulars of the offence |
| 6 | A statement that the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised |
| 7 | The date on which the extension to the authorisation is made and the date on which it is to end (being a date that is no later than the end of the period of 21 days beginning on the day the extension to the authorisation is made) |
| 8 | A statement that the authorised officer:has had regard to the circumstances in which the disclosure is requested; andis satisfied that the disclosure is appropriate in all the circumstances. |
(3) For subsection 183(2) of the Act, and in respect of subsection 180B(8) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The identity of the foreign law enforcement agency for whom the disclosure is requested |
| 5 | Details of the information or documents to be disclosed |
| 5A | A statement that the information or documents being disclosed to the foreign law enforcement agency under this authorisation were obtained via an authorisation under section 180B(2) of the Act |
| 6 | A statement that the authorised officer is satisfied that the disclosure is reasonably necessary for the investigation of an offence against the law of a foreign country that:is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; orinvolves an act or omission that, if it had occurred in Australia, would have constituted a serious offencewith the statement to include short particulars of the offence |
| 7 | A statement that the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised |
| 8 | A statement that the disclosure of the information or documents is being made to the foreign law enforcement agency subject to the following conditions:That the information or documents will only be used for the purposes for which the foreign law enforcement agency requested the information or documents; andThat any document or any other thing containing the information will be destroyed when it is no longer required for those purposes for which the foreign law enforcement agency requested the information or documents; andAny conditions or limitations specified in writing by the Attorney‑General |
| 9 | A statement that the authorised officer has made no other authorisations for the disclosure of information or documents to the foreign law enforcement agency on the day in which the disclosure is being made |
| 10 | A statement that the authorised officer:has had regard to the circumstances in which the disclosure is requested; andis satisfied that the disclosure is appropriate in all the circumstances. |
Note for item 8 of the table: Paragraph 180B(5)(a) of the Act provides that an authorisation comes into force at the time when the person from whom the disclosure is sought receives notification of the authorisation
(4) An authorisation, whether in written or electronic form, must be signed by its maker.
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication
2.04 Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of section 180C of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The identity of the foreign law enforcement agency to whom the disclosure will be made |
| 5 | Details of the information or documents to be disclosed |
| 5A | A statement that the information or documents being disclosed to the foreign law enforcement agency under this authorisation were obtained via an authorisation made under Division 4 of Part 4‑1 of the Act |
| 6 | A statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the enforcement of the criminal law of a foreign country |
| 7 | A statement that the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised |
| 8 | The date on which the authorisation is made |
| 9 | A statement that the disclosure of the information or documents is being made to the foreign law enforcement agency subject to the following conditions:That the information or documents will only be used for the purposes for which the authorised officer is disclosing the information or documents; andThat any document or any other thing containing the information will be destroyed when it is no longer required for those purposes for which the authorised officer disclosed the information or documents |
| 10 | A statement that the authorised officer:has had regard to the circumstances in which the disclosure will be made; andis satisfied that the disclosure is appropriate in all the circumstances. |
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
2.05 Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcement of the laws of Australia
(1) For subsection 183(2) of the Act, and in respect of section 180D of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The name of the person to whom the disclosure will be made or use will occur |
| 5 | Details of the information or documents to be disclosed or used |
| 5A | A statement that the information or documents being disclosed or used under this authorisation were obtained via an authorisation made under Division 4A of Part 4‑1 of the Act |
| 6 | In the case of a disclosure to the Organisation – a statement that the authorised officer is satisfied that the disclosure is reasonably necessary for the performance by the Organisation of its functions |
| 7 | In the case of a disclosure to an enforcement agency – a statement that the authorised officer is satisfied that the disclosure is reasonably necessary for the enforcement of the criminal law, for the enforcement of a law imposing a pecuniary penalty or for the protection of the public revenue (as applicable) |
| 8 | In the case of use by the Australian Federal Police – a statement that the authorised officer is satisfied that the use is reasonably necessary for the enforcement of the criminal law, for the enforcement of a law imposing a pecuniary penalty or for the protection of the public revenue (as applicable) |
| 9 | A statement that the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised |
| 10 | The date on which the authorisation is made |
| 11 | A statement that the authorised officer:has had regard to the circumstances in which the disclosure will be made or use will occur; andis satisfied that the disclosure or use is appropriate in all the circumstances. |
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
Part 3 Notifications of authorisations
3.01 Notification of an authorisation made by the Organisation
(1) For subsection 183(2) of the Act, and in respect of subsection 184(1) of the Act and an authorisation made under Division 3 of Part 4‑1 of the Act, column 2 of the table specifies information that a notification of an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the officer or employee of the Organisation who is making the notification |
| 2 | The relevant provision of the Act under which the notification is made |
| 3 | One of the following:a copy of the authorisation; ora statement that specifies:the identity of the eligible person who made the authorisation; andthe basis on which the eligible person is an eligible person; andthe relevant provision(s) of the Act under which the authorisation is made; andthe name of the person from whom disclosure is sought; anddetails of the information or documents to be disclosed; andthat the eligible person is satisfied that the disclosure of the information or documents would be in connection with the performance by the Organisation of its functions; andthe date on which the authorisation was made; andif applicable, the date on which the authorisation is to end (being a date that is no later than the end of the period of 90 days beginning on the day the authorisation is made) |
| 4 | The means by which the information or documents should be disclosed to the officer or employee |
| 5 | The date on which the notification is made |
Note for item 3 of the table: A notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitem 3(b).
(b) if the notification is in electronic form — state a unique identifier of the Organisation.
3.02 Notification of an authorisation made by an enforcement agency
(1) For subsection 183(2) of the Act, and in respect of subsection 184(3) of the Act and an authorisation made under Division 4 of Part 4‑1 of the Act, column 2 of the table specifies information that a notification of an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the relevant staff member of the enforcement agency who is making the notification |
| 2 | The relevant provision of the Act under which the notification is made |
| 3 | One of the following:a copy of the authorisation; orif the authorisation was made under subsection 178(2) or 179(2) — a statement that specifies:the identity of the enforcement agency; andthe basis on which the enforcement agency is an enforcement agency; andthe identity of the authorised officer who made the authorisation; andthe basis on which the authorised officer is an authorised officer; andthe relevant provision(s) of the Act under which the authorisation is made; andthe name of the person from whom disclosure is sought; anddetails of the information or documents to be disclosed; andthat the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the enforcement of the criminal law, the enforcement of a law imposing a pecuniary penalty or the protection of the public revenue; and |
| that the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised; andthe date on which the authorisation was made; or |
| if the authorisation was made under subsection 180(2) — a statement that specifies:the identity of the criminal law‑enforcement agency; andthe basis on which the criminal law‑enforcement agency is a criminal law‑enforcement agency; andthe identity of the authorised officer who made the authorisation; andthe basis on which the authorised officer is an authorised officer; andthe relevant provision(s) of the Act under which the authorisation is made; andthe name of the person from whom disclosure is sought; anddetails of the information or documents to be disclosed; andthat the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the investigation of:a serious offence; oran offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for at least 3 yearswith the statement to include short particulars of the offencethat the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised; andthe date on which the authorisation was made and the date on which it is to end (being a date that is no later than the end of the period of 45 days beginning on the day the authorisation is made) |
| 4 | The means by which the information or documents should be disclosed to the relevant staff member |
| 5 | The date on which the notification is made |
Note for item 3 of the table: A notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitems 3(b) or 3(c).
(b) if the notification is in electronic form — state a unique identifier of the enforcement agency.
3.03 Notification of an authorisation made by the Australian Federal Police – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of subsection 184(5) of the Act and an authorisation made under Division 4A of Part 4‑1 of the Act, column 2 of the table specifies information that a notification of an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the relevant staff member of the Australian Federal Police who is making the notification |
| 23 | The relevant provision of the Act under which the notification is madeOne of the following:a copy of the authorisation; orif the authorisation was made under subsection 180A(2) — a statement that specifies:the identity of the authorised officer of the Australian Federal Police who is making the authorisationthe basis on which the authorised officer is an authorised officerthe relevant provision(s) of the Act under which the authorisation is madethe name of the person from whom disclosure is soughtdetails of the information or documents to be disclosedthat the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the enforcement of the criminal law of a foreign country |
| that the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised; andthe date on which the authorisation is made |
| if the authorisation was made under subsection 180B(2) – a statement that specifies:the identity of the authorised officer of the Australian Federal Police who is making the authorisationthe basis on which the authorised officer is an authorised officerthe relevant provision(s) of the Act under which the authorisation is madethe name of the person from whom disclosure is soughtdetails of the information or documents to be disclosedthat the authorised officer is satisfied that the disclosure is reasonably necessary for the investigation of an offence against the law of a foreign country that:is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; orinvolves an act or omission that, if it had occurred in Australia, would have constituted a serious offencewith the statement to include short particulars of the offencethat the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised; andthe date on which the authorisation is made and the date on which it is to end (being a date that is no later than the end of the period of 21 days beginning on the day the authorisation is made)that the Attorney‑General has authorised the making of the authorisation under the Mutual Assistance in Criminal Matters Act 1987that the authorised officer:has had regard to the circumstances in which the disclosure is requested; andis satisfied that the disclosure is appropriate in all the circumstances. |
| if the authorisation was made under subsection 180B(6) – a statement that specifies:the identity of the authorised officer of the Australian Federal Police who is extending the authorisationthe basis on which the authorised officer is an authorised officerthe relevant provisions of the Act under which the authorisation is extendedthe name of the person from whom disclosure is soughtthat the authorised officer is satisfied that the extension to the authorisation is reasonably necessary for the investigation of an offence against the law of a foreign country that:is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; orinvolves an act or omission that, if it had occurred in Australia, would have constituted a serious offencewith the statement to include short particulars of the offencethat the authorised officer has had regard to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:the likely relevance and usefulness of the information or documents;the reason why the disclosure or use concerned is proposed to be authorised; andthe date on which the extension to the authorisation is made and the date on which it is to end (being a date that is no later than the end of the period of 21 days beginning on the day the extension to the authorisation is made)that the authorised officer:has had regard to the circumstances in which the disclosure is requested; andis satisfied that the disclosure is appropriate in all the circumstances. |
| 4 | The means by which the information or documents should be disclosed to the relevant staff member |
| 5 | The date on which the notification is made |
Note for item 3 of the table: A notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitems 3(b), 3(c) or 3(d).
(b) if the notification is in electronic form — state a unique identifier of the Australian Federal Police.
Part 4 Revocations of authorisations
4.01 Revocation of an authorisation made by the Organisation
(1) For subsection 183(2) of the Act, and in respect of subsection 176(6) of the Act, column 2 of the table specifies information that a revocation of an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the eligible person who is making the revocation |
| 2 | The basis on which the eligible person is an eligible person |
| 3 | The relevant provision of the Act under which the revocation is made |
| 4 | Details of the authorisation to be revoked sufficient to identify it, including:the identity of the eligible person who made the authorisation; andthe date on which the authorisation was made; andthe name of the person from whom the disclosure was sought; anddetails of the information or documents to be disclosed; andany other relevant information |
| 5 | A statement that the eligible person is satisfied that the disclosure of the information or documents is no longer required |
| 6 | The date on which and the time at which the revocation is made |
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
4.02 Revocation of an authorisation made by a criminal law‑enforcement agency
(1) For subsection 183(2) of the Act, and in respect of subsection 180(7) of the Act, column 2 of the table specifies information that a revocation of an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the criminal law‑enforcement agency |
| 2 | The basis on which the criminal law‑enforcement agency is a criminal law‑enforcement agency |
| 3 | The identity of the authorised officer who is making the revocation |
| 4 | The basis on which the authorised officer is an authorised officer |
| 5 | The relevant provision of the Act under which the revocation is made |
| 6 | Details of the authorisation to be revoked sufficient to identify it, including:the identity of the authorised officer who made the authorisation; andthe date on which the authorisation was made; andthe name of the person from whom the disclosure was sought; anddetails of the information or documents to be disclosed; andany other relevant information |
| 7 | A statement that the authorised officer is satisfied that the disclosure of the information or documents is no longer required |
| 8 | The date on which and the time at which the revocation is made |
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
4.03 Revocation of an authorisation made by the Australian Federal Police – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of subsection 180B(4) of the Act, column 2 of the table specifies information that a revocation of an authorisation must include.
| Item | Information |
|---|
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the revocation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision of the Act under which the revocation is made |
| 4 | Details of the authorisation to be revoked sufficient to identify it, including:the identity of the authorised officer who made the authorisation; andthe date on which the authorisation was made; andthe name of the person from whom disclosure is sought; anddetails of the information or documents to be disclosed; andany other relevant information |
| 5 | A statement that the authorised officer is satisfied that the disclosure of the information or documents is no longer required |
| 6 | The date on which and the time at which the revocation is made |
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
Part 5 Notification of revocations
5.01 Notification of a revocation made by the Organisation
(1) For subsection 183(2) of the Act, and in respect of subsection 184(2) of the Act and a revocation made under subsection 176(6) of the Act, column 2 of the table specifies information that a notification of a revocation must include.
| Item | Information |
|---|
| 1 | The identity of the officer or employee of the Organisation who is making the notification |
| 2 | The relevant provision of the Act under which the notification is made |
| 3 | One of the following:a copy of the revocation; ora statement that specifies:the identity of the eligible person who made the revocation; andthe basis on which the eligible person is an eligible person; andthe relevant provision of the Act under which the revocation is made; anddetails of the authorisation to be revoked sufficient to identify it, including:the identity of the eligible person who made the authorisation; andthe date on which the authorisation was made; andthe name of the person from whom the disclosure was sought; anddetails of the information or documents to be disclosed; andany other relevant information; andthat the eligible person is satisfied that the disclosure of the information or documents is no longer required; andthe date on which and the time at which the revocation was made |
| 4 | The date on which the notification is made |
Note for item 3 of the table: A notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitem 3(b).
(b) if the notification is in electronic form — state a unique identifier of the Organisation.
5.02 Notification of a revocation made by a criminal law‑enforcement agency
(1) For subsection 183(2) of the Act, and in respect of subsection 184(4) of the Act and a revocation made under subsection 180(7) of the Act, column 2 of the table specifies information that a notification of a revocation must include.
| Item | Information |
|---|
| 1 | The identity of the relevant staff member of the enforcement agency who is making the notification |
| 2 | The relevant provision of the Act under which the notification is made |
| 3 | One of the following:a copy of the revocation; ora statement that specifies:the identity of the criminal law‑enforcement agency; andthe basis on which the criminal law‑enforcement agency is a criminal law‑enforcement agency; andthe identity of the authorised officer who made the revocation; andthe basis on which the authorised officer is an authorised officer; andthe relevant provision(s) of the Act under which the revocation is made; anddetails of the authorisation to be revoked sufficient to identify it, including:the identity of the authorised officer who made the authorisation; andthe date on which the authorisation was made; andthe name of the person from whom the disclosure was sought; anddetails of the information or documents to be disclosed; andany other relevant informationthat the authorised officer is satisfied that the disclosure of the information or documents is no longer required; andthe date on which and the time at which the revocation was made |
| 4 | The date on which the notification is made |
Note for item 3 of the table: A notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitem 3(b).
(b) if the notification is in electronic form — state a unique identifier of the criminal law‑enforcement agency.
5.03 Notification of a revocation made by the Australian Federal Police – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of subsection 184(6) of the Act and a revocation made under subsection 180B(4) of the Act, column 2 of the table specifies information that a notification of a revocation must include.
| Item | Information |
|---|
| 1 | The identity of the relevant staff member of the Australian Federal Police who is making the notification |
| 2 | The relevant provision of the Act under which the notification is made |
| 3 | One of the following:a copy of the revocation; ora statement that specifies:the identity of the authorised officer who made the revocation; andthe basis on which the authorised officer is an authorised officer; andthe relevant provision of the Act under which the revocation is made; anddetails of the authorisation to be revoked sufficient to identify it, including:the identity of the authorised officer who made the authorisation; andthe date on which the authorisation was made; andthe name of the person from whom disclosure is sought; anddetails of the information or documents to be disclosed; andany other relevant information; andthat the authorised officer is satisfied that the disclosure of the information or documents is no longer required; andthe date on which and the time at which the revocation was made |
| 4 | The date on which the notification is made |
Note for item 3 of the table: A notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitem 3(b).
(b) if the notification is in electronic form — state a unique identifier of the Australian Federal Police.
Notes to the Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2012
Note 1
Note: The Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2012 (in force under subsection 183(2) of the Telecommunications (Interception and Access) Act 1979) as shown in this compilation is amended as indicated in the Tables below.
Note: > Note: Table of Instruments
| Title | Date made or FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |
|---|
| Telecommunications (Interception and Access) Requirements for Authorisations, Notifications and Revocations) Determination 2012 | 9 October 2012 (see F2012L02008) | 10 October 2012 | |
| Telecommunications (Interception and Access) Requirements for Authorisations, Notifications and Revocations) Amendment Determination 2012 | 6 December 2012 (see F2012L02348) | 7 December 2012 | — |
Note: > Note: Table of Amendments
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="2" style="width:405.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:111.1pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:283.8pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr></thead><tbody><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>S. 3, note 3</span><span style="width:67.37pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">............</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>am. 2012</span></p></td></tr><tr style="height:13.5pt"><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span style="font-weight:bold">Schedule 1</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span></span></p></td></tr><tr style="height:15.75pt"><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span style="font-weight:bold">Part 2</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span></span></p></td></tr><tr style="height:18pt"><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>Cl. 2.01A, table 2.01A(2)</span><span style="width:14.84pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">..</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>am. 2012</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>Cl. 2.03, table 2.03(3)</span><span style="width:26.85pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">....</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>am. 2012</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>Cl. 2.04, table 2.04(1)</span><span style="width:26.85pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">....</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>am. 2012</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span style="font-weight:bold">Part 3</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span style="font-weight:bold"></span></p></td></tr><tr style="height:13.5pt"><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>Cl. 3.03, table 3.03(1)</span><span style="width:26.85pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">....</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>am. 2012</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span style="font-weight:bold">Part 4</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span></span></p></td></tr><tr style="height:15.75pt"><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>Cl. 4.03, table 4.03(1)</span><span style="width:26.85pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">....</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span>am. 2012</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span style="font-weight:bold">Part 5</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt"><span></span></p></td></tr><tr style="height:15.75pt"><td style="width:111.1pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt; margin-bottom:3pt"><span>Cl. 5.03, table 5.03(1)</span><span style="width:26.85pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">....</span></p></td><td style="width:283.8pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableofAmendment" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2012</span></p></td></tr></tbody></table>