Commonwealth of Australia Explanatory Memoranda

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CRIMES LEGISLATION AMENDMENT (POWERS AND OFFENCES) BILL 2011

                      2010 - 2011 - 2012




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




              HOUSE OF REPRESENTATIVES




         CRIMES LEGISLATION AMENDMENT
         (POWERS AND OFFENCES) BILL 2011




   SUPPLEMENTARY EXPLANATORY MEMORANDUM




     Amendments to be moved on behalf of the Government




       (Circulated by authority of the Attorney-General,
              the Honourable Nicola Roxon MP)
CRIMES LEGISLATION AMENDMENT (POWERS AND OFFENCES)
BILL 2011

OUTLINE
The purpose of these amendments is to address Recommendation 2 of the House of Representatives
Standing Committee on Social Policy and Legal Affairs (the Committee) Advisory Report: Crimes
Legislation Amendment (Powers and Offences) Bill 2011 (Report) by applying further safeguards to
the ability of the Australian Crime Commission (ACC) CEO to share information with the private
sector.

FINANCIAL IMPACT STATEMENT
These Government amendments have no financial impact.

NOTES ON AMENDMENTS

Amendment 1 introduces a further limitation on the ability of the ACC CEO to share information
with private sector bodies by prohibiting the sharing of information which would prejudice the
safety of a person, or the fair trial of a person who has been charged with an offence.

The Crimes Legislation Amendment (Powers and Offences) Bill 2011 (the Bill) will introduce a
new section 59AB of the Australian Crime Commission Act 2002 (ACC Act), which will allow the
ACC CEO to share information with private sector bodies where certain conditions are met.
Proposed paragraph 59AB(1)(e) prohibits the sharing of information where it is otherwise contrary
to the law of the Commonwealth, a State or a Territory. Amendment 1 adds a new subparagraph to
this paragraph which ensures that information can only be shared if it would not prejudice the safety
of a person, or the fair trial of a person who has been charged with an offence.

This amendment, in conjunction with amendment 2, responds to Recommendation 2 of
Committee's Report. The Committee recommended that safeguards be introduced to section 59AB
that contained similar protections and wording as contained in subsection 25A(9) of the ACC Act.

Subsection 25A(9) of the ACC Act allows an Australian Crime Commission (ACC) Examiner to
make a direction restricting the publication of information obtained at an ACC examination.
An Examiner is required to make such a direction where a failure to do so might prejudice the
safety or reputation of a person or prejudice the fair trial of a person who has been, or may be,
charged with an offence.

Amendment 1 seeks to apply the protections for safety and fair trial contained in subsection 25A(9)
to section 59AB. Protections to a person's reputation are addressed by amendment 2.

These new safeguards will operate in addition to requirements of subsection 25A(9) (and other
safeguards in proposed section 59AB). Where a direction has been made by an ACC Examiner
under subsection 25A(9), the ACC CEO will be unable to share that information under
section 59AB.

Amendment 2 will introduce a new paragraph 59AB(4)(c) which will require the CEO, when
sharing `personal information' (within the meaning of the Privacy Act 1988) with the private sector,
to impose one or more conditions to ensure that the information is not used or disclosed in a way
that might prejudice the reputation of a person.

This requirement will be in addition to the requirements in proposed paragraphs 59AB(4)(a) and (b)
for the CEO to impose conditions on the sharing of personal information with bodies corporate
relating to monitoring and controlling the information and preventing further disclosure of the
information.

Non-compliance with conditions made under section 59AB will be a criminal offence.

This amendment, in conjunction with Amendment 1, responds to Recommendation 2 of the
Committee's Report.




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