139Dealing for purposes of investigation etc.

139 Dealing for purposes of investigation etc.

(1) An officer or staff member of a criminal law‑enforcement agency or an eligible Commonwealth authority may, for one or more purposes referred to in subsection (2) or (4A), and for no other purpose (other than a purpose referred to in subsection 139A(2) or 139B(2), if applicable), communicate to another person, make use of, or make a record of the following: (a) lawfully accessed information other than foreign intelligence information; (aa) preservation notice information; (b) stored communications warrant information. (2) In the case of information obtained by the agency other than through the execution of a warrant issued as a result of an international assistance application, the purposes are purposes connected with: (a) an investigation by the agency or by another criminal law‑enforcement agency of a contravention to which subsection (3) applies; or (b) the making by an authority, body or person of a decision whether or not to begin a proceeding to which subsection (4) applies; or (c) a proceeding to which subsection (4) applies; or (d) the keeping of records by the agency under Part 3‑5; or (e) an authorisation under any of the following provisions in respect of the information: (i) subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987; (ii) section 69A of the International Criminal Court Act 2002; (iii) section 25A of the International War Crimes Tribunals Act 1995; or (f) the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002. (3) A contravention to which this subsection applies is a contravention of a law of the Commonwealth, a State or a Territory that: (a) is a serious offence; or (b) is an offence punishable: (i) by imprisonment for a period, or a maximum period, of at least 12 months; or (ii) if the offence is committed by an individual—by a fine, or a maximum fine, of at least 60 penalty units; or (iii) if the offence cannot be committed by an individual—by a fine, or a maximum fine, of at least 300 penalty units; or (c) could, if established, render the person committing the contravention liable: (i) if the contravention were committed by an individual—to pay a pecuniary penalty of 60 penalty units or more, or to pay an amount that is the monetary equivalent of 60 penalty units or more; or (ii) if the contravention cannot be committed by an individual—to pay a pecuniary penalty of 300 penalty units or more, or to pay an amount that is the monetary equivalent of 300 penalty units or more. (4) A proceeding to which this subsection applies is: (a) a proceeding by way of a prosecution for an offence of a kind referred to in paragraph (3)(a) or (b); or (b) a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of such an offence; or (ba) a proceeding under the Spam Act 2003; or (c) a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988, in so far as the proceeding relates to such an offence; or (d) a proceeding for the extradition of a person from a State or a Territory to another State or Territory, in so far as the proceeding relates to such an offence; or (e) a proceeding for recovery of a pecuniary penalty for a contravention of a kind referred to in paragraph (3)(c); or (f) a police disciplinary proceeding. (4A) In the case of information obtained by the agency through the execution of a warrant issued as a result of an international assistance application, the purposes are purposes connected with: (a) providing the information to the entity to which the application relates, or to an appropriate authority of that entity; or (b) the keeping of records by the agency under Part 3‑5. (5) To avoid doubt, a reference in subsection (3) to a number of penalty units in relation to a contravention of a law of a State or a Territory includes a reference to an amount of a fine or pecuniary penalty that is equivalent, under section 4AA of the Crimes Act 1914, to that number of penalty units.