sec.353Permitted use of protected information

### sec.353 Permitted use of protected information Protected information may be used, communicated or published if it is necessary to do so for any of the following purposes— the investigation of a relevant offence or a relevant offence as defined under a corresponding law; the making of a decision whether or not to bring— a relevant proceeding in relation to a relevant offence; or a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law; a relevant proceeding in relation to a relevant offence, or a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law; an investigation of a complaint against, or the conduct of, a public officer as defined under this chapter or a public officer as defined under a corresponding law; the making of a decision in relation to the appointment, reappointment, term of appointment, termination or retirement of a person mentioned in paragraph (d) ; the keeping of records and the making of reports by a law enforcement agency under division 2 or a law enforcement agency, as defined under a corresponding law, under provisions of the corresponding law that correspond to division 2 ; an inspection by an inspection entity under section 362 or an inspection under a provision of a corresponding law that corresponds to section 362 ; an investigation under the law of this jurisdiction or a participating jurisdiction or of the Commonwealth about the privacy of personal information; the making of a decision whether or not to apply for a relevant order; the making of, or deciding, an application for a relevant order; the making of a decision whether or not to apply for an extension or further extension of a relevant order; the making of, or deciding, an application for an extension or further extension of a relevant order; the making of a decision whether or not to apply for the revocation of a relevant order; the making of, or deciding, an application for the revocation of a relevant order; a proceeding about varying or revoking a relevant order; the investigation or prosecution of an offence under a provision of a corresponding preventative detention law that corresponds to a provision of the Terrorism (Preventative Detention) Act 2005 mentioned in schedule 3 . Subsection (1) (a) to (c) and (i) to (p) does not authorise the use, communication or publication of protected information in relation to an emergency authorisation or a corresponding emergency authorisation unless the use of powers under that emergency authorisation has been approved under section 347 or the provisions of a corresponding law that correspond to section 347 . However, subsection (2) does not apply to the use or communication of protected information in an application under section 344 or the provisions of a corresponding law that corresponds to section 344 to obtain the approval under section 347 or the provisions of the corresponding law that correspond to section 347 . Also, subsection (2) does not apply to the use or communication of protected information for a purpose mentioned in subsection (1) (i) to (l) relating to— an initial order under the Terrorism (Preventative Detention) Act 2005 ; or an order in the nature of an order mentioned in paragraph (a) made under a corresponding preventative detention law. A reference in subsection (1) to a relevant offence, whether of this jurisdiction or another jurisdiction, is a reference to any relevant offence of the relevant jurisdiction, whether or not the offence in relation to which the relevant warrant or emergency authorisation was issued or given. In this section— corresponding preventative detention law means a corresponding law, as defined under the Terrorism (Preventative Detention) Act 2005 , schedule. relevant order means— a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; or a prohibited contact order under the Terrorism (Preventative Detention) Act 2005 ; or an order in the nature of an order mentioned in paragraph (a) or (b) made under— a corresponding preventative detention law; or the Criminal Code of the Commonwealth, division 104. s 353 ins 2005 No. 45 s 12 amd 2017 No. 30 s 17 (sec.353-ssec.1) Protected information may be used, communicated or published if it is necessary to do so for any of the following purposes— the investigation of a relevant offence or a relevant offence as defined under a corresponding law; the making of a decision whether or not to bring— a relevant proceeding in relation to a relevant offence; or a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law; a relevant proceeding in relation to a relevant offence, or a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law; an investigation of a complaint against, or the conduct of, a public officer as defined under this chapter or a public officer as defined under a corresponding law; the making of a decision in relation to the appointment, reappointment, term of appointment, termination or retirement of a person mentioned in paragraph (d) ; the keeping of records and the making of reports by a law enforcement agency under division 2 or a law enforcement agency, as defined under a corresponding law, under provisions of the corresponding law that correspond to division 2 ; an inspection by an inspection entity under section 362 or an inspection under a provision of a corresponding law that corresponds to section 362 ; an investigation under the law of this jurisdiction or a participating jurisdiction or of the Commonwealth about the privacy of personal information; the making of a decision whether or not to apply for a relevant order; the making of, or deciding, an application for a relevant order; the making of a decision whether or not to apply for an extension or further extension of a relevant order; the making of, or deciding, an application for an extension or further extension of a relevant order; the making of a decision whether or not to apply for the revocation of a relevant order; the making of, or deciding, an application for the revocation of a relevant order; a proceeding about varying or revoking a relevant order; the investigation or prosecution of an offence under a provision of a corresponding preventative detention law that corresponds to a provision of the Terrorism (Preventative Detention) Act 2005 mentioned in schedule 3 . (sec.353-ssec.2) Subsection (1) (a) to (c) and (i) to (p) does not authorise the use, communication or publication of protected information in relation to an emergency authorisation or a corresponding emergency authorisation unless the use of powers under that emergency authorisation has been approved under section 347 or the provisions of a corresponding law that correspond to section 347 . (sec.353-ssec.3) However, subsection (2) does not apply to the use or communication of protected information in an application under section 344 or the provisions of a corresponding law that corresponds to section 344 to obtain the approval under section 347 or the provisions of the corresponding law that correspond to section 347 . (sec.353-ssec.4) Also, subsection (2) does not apply to the use or communication of protected information for a purpose mentioned in subsection (1) (i) to (l) relating to— an initial order under the Terrorism (Preventative Detention) Act 2005 ; or an order in the nature of an order mentioned in paragraph (a) made under a corresponding preventative detention law. (sec.353-ssec.5) A reference in subsection (1) to a relevant offence, whether of this jurisdiction or another jurisdiction, is a reference to any relevant offence of the relevant jurisdiction, whether or not the offence in relation to which the relevant warrant or emergency authorisation was issued or given. (sec.353-ssec.6) In this section— corresponding preventative detention law means a corresponding law, as defined under the Terrorism (Preventative Detention) Act 2005 , schedule. relevant order means— a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; or a prohibited contact order under the Terrorism (Preventative Detention) Act 2005 ; or an order in the nature of an order mentioned in paragraph (a) or (b) made under— a corresponding preventative detention law; or the Criminal Code of the Commonwealth, division 104. - (a) the investigation of a relevant offence or a relevant offence as defined under a corresponding law; - (b) the making of a decision whether or not to bring— (i) a relevant proceeding in relation to a relevant offence; or (ii) a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law; - (i) a relevant proceeding in relation to a relevant offence; or - (ii) a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law; - (c) a relevant proceeding in relation to a relevant offence, or a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law; - (d) an investigation of a complaint against, or the conduct of, a public officer as defined under this chapter or a public officer as defined under a corresponding law; - (e) the making of a decision in relation to the appointment, reappointment, term of appointment, termination or retirement of a person mentioned in paragraph (d) ; - (f) the keeping of records and the making of reports by a law enforcement agency under division 2 or a law enforcement agency, as defined under a corresponding law, under provisions of the corresponding law that correspond to division 2 ; - (g) an inspection by an inspection entity under section 362 or an inspection under a provision of a corresponding law that corresponds to section 362 ; - (h) an investigation under the law of this jurisdiction or a participating jurisdiction or of the Commonwealth about the privacy of personal information; - (i) the making of a decision whether or not to apply for a relevant order; - (j) the making of, or deciding, an application for a relevant order; - (k) the making of a decision whether or not to apply for an extension or further extension of a relevant order; - (l) the making of, or deciding, an application for an extension or further extension of a relevant order; - (m) the making of a decision whether or not to apply for the revocation of a relevant order; - (n) the making of, or deciding, an application for the revocation of a relevant order; - (o) a proceeding about varying or revoking a relevant order; - (p) the investigation or prosecution of an offence under a provision of a corresponding preventative detention law that corresponds to a provision of the Terrorism (Preventative Detention) Act 2005 mentioned in schedule 3 . - (i) a relevant proceeding in relation to a relevant offence; or - (ii) a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law; - (a) an initial order under the Terrorism (Preventative Detention) Act 2005 ; or - (b) an order in the nature of an order mentioned in paragraph (a) made under a corresponding preventative detention law. - (a) a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; or - (b) a prohibited contact order under the Terrorism (Preventative Detention) Act 2005 ; or - (c) an order in the nature of an order mentioned in paragraph (a) or (b) made under— (i) a corresponding preventative detention law; or (ii) the Criminal Code of the Commonwealth, division 104. - (i) a corresponding preventative detention law; or - (ii) the Criminal Code of the Commonwealth, division 104. - (i) a corresponding preventative detention law; or - (ii) the Criminal Code of the Commonwealth, division 104.