a forensic laboratory accredited by the National Association of Testing Authorities, Australia; or

a forensic laboratory that is of a kind prescribed by the regulations for the purposes of this paragraph.

the taking of a sample of blood by a finger prick;

the taking of a sample of saliva, or a sample by buccal swab;

the sample is taken using the least painful technique known and available to the person.

a sample is taken from a suspect under this Part; and

the suspect requests the investigating constable that the sample be shared; and

there is sufficient material to be analysed both in the investigation of the offence and on behalf of the suspect.

a part of the material sufficient for analysis is provided to that laboratory, on behalf of the suspect, within the period of 28 days beginning on the day of the nomination; and

reasonable care is taken to ensure that the suspect’s part of the material is protected and preserved until it is provided to that laboratory.

the attendee is given a direction under subsection (5); and

the attendee fails to comply with the direction.

material from a sample taken from a suspect is analysed in the investigation of the offence; and

before or after the analysis, the suspect has requested the investigating constable that a copy of the results of any analysis be provided to the suspect;

a copy of the results of the analysis is provided to the suspect; and

if the DNA profile derived from that material has been matched, as part of the investigation of the offence, under section 23YDAF with a DNA profile placed on the crime scene index in relation to the offence—the suspect is informed in writing of that match.

the taking of a sample of saliva, or a sample by buccal swab.

references in Division 6 to the suspect are taken to be references to the offender; and

references in Subdivision F of the Commissioner.Division 6 to the investigating constable are taken to be references to

the offender is not in custody and has not consented to the forensic procedure (whether or not consent has been sought); or

the offender is in custody and has not consented to the forensic procedure (whether or not consent has been sought); or

under section 23WE, the offender cannot consent to the forensic procedure.

an application is made under section 23XWO to a judge or magistrate for an order under that section for the carrying out of a forensic procedure on an offender; and

(b) the offender is in custody or is otherwise detained under a law of the Commonwealth, a State or a Territory (original custody);

order the constable given temporary custody of the offender:

to convey the offender to the nearest premises where facilities for carrying out the procedure in accordance with this Part are available to that constable; and

to return the offender to the place of original custody without delay after the procedure is carried out; or

order the constable given temporary custody of the offender to return the offender to the place of original custody without delay.

an application is made under section 23XWO to a judge or magistrate for an order for the carrying out of a forensic procedure on an offender; and

the offender is neither in custody nor detained under a law of the Commonwealth, a State or a Territory;

issue a summons for the appearance of the offender at the hearing of the application; or

issue a warrant for the arrest of the offender for the purpose of bringing the offender before the judge or magistrate for the hearing of the application.

made by information on oath or affirmation; and

accompanied by an affidavit dealing with matters referred to in paragraphs (3)(a) and (b).

that the issue of the summons is necessary to ensure the appearance of the offender at the hearing of the application made under section 23XWO; or

that the issue of the summons is otherwise justified.

made by information on oath or affirmation; and

accompanied by an affidavit dealing with matters referred to in paragraphs (5)(a), (b) and (c).

that the arrest is necessary to ensure the appearance of the offender at the hearing of the application made under section 23XWO, and that the issue of a summons would not ensure that appearance; or

that the offender might destroy evidence that might be obtained by carrying out the forensic procedure; or

that the issue of the warrant is otherwise justified.

in a case where the informed consent of the parent or guardian of the volunteer is given in accordance with section 23XWR—after the constable concerned has informed the child or incapable person that, even though consent has been given, if he or she objects to or resists the carrying out of the forensic procedure it will not be carried out; and

that the information will be stored on the volunteers (limited purposes) index of that system unless the volunteer (or, in the case of a volunteer who is a child or an incapable person, the parent or guardian of the volunteer) chooses for the information to be stored on the volunteers (unlimited purposes) index of that system; and

at any place outside Australia where an offence under the law of a foreign country was, or is reasonably suspected of having been, committed; or

(da) the purpose of assisting a foreign country to decide whether to make a request under the Mutual Assistance in Criminal Matters Act 1987;

within 14 days after the material comes into existence; or

if the material is requested by the suspect, offender or volunteer or the suspect’s, offender’s or volunteer’s interview friend or legal representative, within 14 days of the request.

copies of records required to be made available under subsection 23XE(5); and

material required to be provided under section 23XU; and

copies of results of analysis and other information required to be provided under section 23XW.

(da) the purposes of assisting a foreign country to decide whether to make a request under the Mutual Assistance in Criminal Matters Act 1987;

informs the suspect, in accordance with the regulations and section 23WJ, of the matters mentioned in that section; and

informs the suspect, in accordance with the regulations and section 23WJ, of the matters mentioned in that section; and

informs the offender, in accordance with the regulations and section 23XWJ, of the matters mentioned in that section; and

performing functions referred to in section 7A or 7C;

preventing, detecting, investigating, prosecuting or punishing:

criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or

contraventions of a law of the Commonwealth, a State or a Territory imposing a penalty or sanction (including taking civil remedies in relation to contraventions of such laws); or

seriously improper conduct (including professional misconduct or misconduct by a public official);

preventing, detecting or investigating threats to national security;

preventing serious threats to an individual’s life, health or safety, or to public health or public safety;

enforcing laws (including laws of foreign countries) relating to proceeds of crime;

enforcing laws (including laws of foreign countries) relating to unexplained wealth;

protecting public revenue;

developing government policy;

researching criminology;

any other purpose prescribed by the regulations.

a member of either House of the Parliament;

a member of the Parliament of a State.

a body of the Commonwealth, a State or a Territory; or

a person who holds an office or appointment under a law of the Commonwealth, a State or a Territory; or

an agency that has responsibility for:

law enforcement in a foreign country; or

intelligence gathering for a foreign country; or

the security of a foreign country; or

an international body that:

has functions relating to law enforcement or gathering intelligence; and

is prescribed by the regulations for the purposes of this paragraph; or

an international judicial body that is prescribed by the regulations for the purposes of this paragraph;

the CEO considers it appropriate to do so; and

(g) the CEO considers that the information is relevant to a permissible purpose; and

disclosing the ACC information would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.

the CEO considers it appropriate to do so; and

(b) the information is relevant to security (Australian Security Intelligence Organisation Act 1979); andas defined in section 4 of the

disclosing the ACC information would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.

a body however described; and

a Department of State; and

a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth, a State or a Territory; and

a law enforcement agency.

the CEO considers it appropriate to do so; and

(b) the CEO considers that disclosing the information to the body is necessary for a permissible purpose; and

the body has undertaken, in writing, not to use or further disclose the information except:

as referred to in subsection (3); or

as required by a law of the Commonwealth, a State or a Territory; and

the body has undertaken, in writing, to comply with any conditions the CEO specifies under subsection (4) or (5); and

disclosing the ACC information:

would not prejudice the safety of a person, or prejudice the fair trial of a person who has been charged with an offence; and

would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.

(a) for information that is personal information (within the meaning of the Privacy Act 1988)—the CEO considers that disclosing the information is necessary for the purposes of:

preventing criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or

detecting criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or

facilitating the collection of criminal information and intelligence in relation to criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); and

in any case—the information is not confidential commercial information relating to another body or person.

one or more conditions that the body corporate must meet in relation to monitoring and controlling any further disclosure of that information by an employee or officer of the body corporate; and

a condition that the information is not to be disclosed to a person who is not an employee or officer of the body corporate, other than in any circumstances specified; and

one or more conditions that the body corporate must meet in order to ensure that the information is not used or disclosed in a way that might prejudice the reputation of a person.

ACC information is disclosed to the person under, or in accordance with, this section; and

the person (directly or indirectly):

makes a record of the information; or

discloses the information to any other person; and

the record or disclosure referred to in paragraph (b) is not:

for a purpose specified under subsection (3) in relation to the information; or

required by any other law.

ACC information is disclosed to the person under, or in accordance with, this section; and

the CEO specifies a condition under subsection (4) or (5) in relation to the information; and

the person does an act or omits to do an act in relation to the information; and

the act or omission breaches the condition.

the information is in the public domain before the person:

makes the record, or discloses the information (if subsection (7) applies); or

does the act or omits to do the act in relation to the information (if subsection (8) applies); and

the original disclosure of the information into the public domain (before the person does the thing referred to in subparagraph (a)(i) or (ii) of this subsection) was not:

in contravention of section 51 or subsection (7) or (8) of this section; or

in breach of an undertaking given under subsection (1) of this section.

sets out a finding that an offence has been committed; or

makes a recommendation to institute a prosecution in respect of an offence;

the general nature and the extent of any information disclosed by the CEO during that year to a body corporate under section 59AB;

(a) has the meaning given by subsection 3(1) of the Crimes Act 1914; and

includes members of the staff of the ACC.

a thing seized under a warrant issued under section 22; or

a thing, or a document, produced:

under a notice given under section 29; or

during an examination conducted under Division 2 of Part II.

(a) in the definition of serious and organised crime—has the meaning given by the Proceeds of Crime Act 2002; and

(b) otherwise—has the meaning given by subsection 3C(1) of the Crimes Act 1914.

(a) a purpose referred to in subsection 3ZQU(1) of the Crimes Act 1914;

the performance of the functions of the ACC referred to in section 7A of this Act;

the performance of the functions of the Board referred to in section 7C of this Act.

requires or authorises the use of a document or other thing; or

requires or authorises the making available (however described) of a document or other thing.

a State or Territory law enforcement agency; or

an agency that has responsibility for:

law enforcement in a foreign country; or

intelligence gathering for a foreign country; or

the security of a foreign country;

preventing, investigating or prosecuting an offence against a law of a State or Territory;

(d) proceedings under a corresponding law (within the meaning of the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002);

proceedings for the forfeiture of the item under a law of a State or Territory;

(f) deciding whether to institute proceedings or to take any other action mentioned in any of paragraphs 3ZQU(1)(a) to (l) (inclusive) of the Crimes Act 1914, subsection (5) or (6) of this section, or paragraph (c), (d) or (e) of this subsection.

the making available to a State or Territory law enforcement agency of that State or Territory, for purposes mentioned in subsections (1), (6) and (8), of returnable items; and

the disposal by the agency of such items when they are no longer of use to that agency for those purposes.

the person from whom the item was seized, or the person who produced the item; or

the owner, if the person mentioned in paragraph (a) is not entitled to possess it.

either:

the returnable item may be retained because of an order under subsection 24AC(2), or any other order under that subsection has been made in relation to the item; or

the CEO has applied for such an order and the application has not been determined; or

the returnable item may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or

the returnable item is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

the owner of the item;

the person from whom the item was seized, or the person who produced the item.

an order that the item may be retained for the period specified in the order;

an order that the item is forfeited to the Commonwealth;

if the item is not a document—an order that:

the item be sold and the proceeds given to the owner of the item; or

the item be sold in some other way;

an order that the item is to be destroyed or otherwise disposed of.

the person from whom the item was seized, or the person who produced the item;

if the person referred to in paragraph (a) is not entitled to possess the item—the owner of the item.

take reasonable steps to discover who has an interest in the returnable item; and

if it is practicable to do so, notify each person who the CEO believes to have such an interest of the proposed application.

a member or special member of the AFP; or

a member of the police force or police service of a State or Territory.

give the information specified in the notice;

produce the documents or things specified in the notice;

be served on the person; and

be signed by the Integrity Commissioner; and

specify the period within which, and the manner in which, the person must comply with the notice.

the name of the corruption investigation that would be prejudiced; and

why a 14-day period would significantly prejudice the investigation.

within the period specified in the notice; or

within such further time as the Integrity Commissioner allows under subsection (3).

before the period expires; or

as soon as possible after the period expires.

the notice; or

any official matter connected with the notice;

a person’s safety or reputation; or

the fair trial of a person who has been, or may be, charged with an offence; or

the investigation to which the notice relates or another corruption investigation; or

any action taken as a result of an investigation referred to in paragraph (c).

failure to do so might prejudice:

a person’s safety or reputation; or

the fair trial of a person who has been, or may be, charged with an offence; or

the investigation to which the notice relates or another corruption investigation; or

any action taken as a result of an investigation referred to in subparagraph (iii); or

failure to do so might otherwise be contrary to the public interest.

the Integrity Commissioner concludes the investigation to which the notice relates; and

any criminal proceedings or civil penalty proceedings resulting from the investigation are commenced.

a notation has been included in the notice in relation to the disclosure of information about the notice or any official matter connected with the notice; and

the notation has not been cancelled; and

(c) apart from this subsection, a credit reporting agency (Privacy Act 1988) would be required, under subsection 18K(5) of that Act, to make a note about the disclosure of the information;within the meaning of section 11A of the

the person is served with a notice under section 75; and

the notice includes a notation under section 77A; and

the person discloses the existence of, or any information about:

the notice; or

any official matter connected with the notice; and

when the disclosure is made:

the notation has not been cancelled by subsection 77A(7); and

the period of 5 years after the notice is served under section 75 has not ended.

in the circumstances, if any, permitted by the terms of the notation; or

to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice; or

to a legal aid officer for the purpose of seeking assistance under section 221 in relation to the notice; or

if the person is a body corporate—to an officer or agent of the body corporate for the purpose of ensuring compliance with the notice; or

if the person is a legal practitioner—for the purpose of obtaining the agreement of another person under subsection 79(3) to the legal practitioner answering a question or producing a document or thing.

a disclosure is made to a person about:

a notice under section 75 that includes a notation under section 77A; or

any official matter connected with a notice under section 75 that includes a notation under section 77A; and

the disclosure is permitted under subsection (2) or (4) because the person is a person of a particular kind; and

while the person is a person of that kind, the person discloses the existence of, or any information about:

the notice; or

any official matter connected with the notice; and

when the disclosure by the person is made:

the notation has not been cancelled by subsection 77A(7); and

the period of 5 years after the notice is served under section 75 has not ended.

if the person is an officer or agent of a body corporate referred to in paragraph (2)(d):

to another officer or agent of the body corporate for the purpose of ensuring compliance with the notice; or

to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice; or

to a legal aid officer for the purpose of seeking assistance under section 221 in relation to the notice; or

if the person is a legal practitioner—for the purpose of giving legal advice, making representations, or seeking assistance under section 221, in relation to the notice; or

if the person is a legal aid officer—for the purpose of obtaining legal advice or representation in relation to the notice.

a disclosure is made to a person about:

a notice under section 75 that includes a notation under section 77A; or

any official matter connected with a notice under section 75 that includes a notation under section 77A; and

the disclosure is permitted under subsection (2) or (4) because the person is a person of a particular kind; and

when the person is no longer a person of that kind, the person:

makes a record of the notice; or

discloses the existence of the notice; or

discloses any information about the notice or the existence of it; and

when the record, or disclosure, is made by the person:

the notation has not been cancelled by subsection 77A(7); and

the period of 5 years after the notice is served under section 75 has not ended.

the person is served with a notice under section 75; and

the person fails to comply with the notice:

within the period specified in the notice; or

if the Integrity Commissioner has allowed the person further time under subsection 76(3)—within such further time.

within the period specified in the notice; or

within such further time as allowed by the Integrity Commissioner under subsection 76(3).

the fact that he or she:

gives information; or

produces a document or thing;

the information or document does not cease to be the subject of legal professional privilege merely because it is given, produced or referred to.

to produce documents or things specified in the summons;

the fact that he or she:

answers the question; or

produces a document or thing;

the answer or document does not cease to be the subject of legal professional privilege merely because it is given, produced or referred to.

when served with a summons to attend a hearing:

fails to attend as required by the summons; or

fails to appear and report from day to day unless excused or released from further attendance by the Integrity Commissioner; or

refuses or fails to be sworn or make an affirmation at the hearing; or

subject to subsection (2), refuses or fails to answer a question at the hearing that the Integrity Commissioner requires the person to answer; or

subject to subsection (3), refuses or fails to produce a document or thing that the person was required to produce by a summons or notice under this Act that was served on him or her as prescribed; or

is a legal practitioner who is required to answer a question or produce a document or thing at a hearing and both of the following apply:

the answer to the question would disclose, or the document or thing contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner;

he or she refuses to comply with the requirement and does not, when required by the Integrity Commissioner, give the Integrity Commissioner the name and address of the person to whom or by whom the communication was made; or

gives evidence at a hearing that he or she knows is false or misleading in a material particular; or

insults, disturbs or uses insulting language towards someone who the person knows:

is the Integrity Commissioner; and

is holding a hearing in the performance of his or her functions, or the exercise of his or her powers, as Integrity Commissioner; or

creates a disturbance, or takes part in creating or continuing a disturbance, in or near a place that the person knows is being used to hold a hearing for the purpose of:

investigating a corruption issue; or

conducting a public inquiry; or

obstructs or hinders the Integrity Commissioner in the performance of his or her functions; or

interrupts a hearing that is being held for the purpose of:

investigating a corruption issue; or

conducting a public inquiry; or

threatens a person present at a hearing that is being held for the purpose of:

investigating a corruption issue; or

conducting a public inquiry.

the Federal Court;

the Supreme Court of the State or Territory in which the hearing is held.

the grounds for making the application; and

evidence in support of the application.

considering the matters specified in the certificate; and

hearing or receiving any evidence or statements by or in support of ACLEI; and

hearing or receiving any evidence or statements by or in support of the person;

being in contempt of ACLEI were an offence; and

references to a person being criminally responsible for an offence were references to a person being responsible for being in contempt of ACLEI.

the Integrity Commissioner must apply to the court as soon as practicable under subsection 96B(1) in respect of the person; and

the person must, subject to subsection (3) of this section, be brought before the court as soon as practicable.

direct that the person be released from detention on condition that he or she will appear before the court in relation to the application; or

order that the person continue to be detained until the application is determined.

that the person surrender his or her passport; or

that the person give an undertaking as to his or her living arrangements; or

that the person report as required to:

the AFP; or

a police force or police service of a State; or

any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the States.

the Integrity Commissioner does so; and

the person to whom the application relates is in detention under section 96D;

an application is made to the Federal Court or a Supreme Court under subsection 96B(1) in respect of an act or omission by a person; and

the person is dealt with by the court under that section in respect of the act or omission;

both of the following apply:

the person has been ordered to deliver his or her passport to the Integrity Commissioner (whether or not the person has complied with the order);

the authorised officer has reasonable grounds to believe that the person is likely to leave Australia for the purpose of avoiding giving evidence at a hearing before the Integrity Commissioner; or

the person is to be served with a summons under section 83 and the authorised officer has reasonable grounds to believe that the person:

has absconded or is likely to abscond; or

is otherwise attempting, or likely to attempt, to evade service of the summons; or

the authorised officer has reasonable grounds to believe that the person has committed an offence under subsection 93(1) or is likely to do so.

in any case—any eligible seizable item;

a person is served with a notice under Division 1 of Part 9:

to give information; or

to produce a document or thing; and

forfeited goods referred to in paragraph 229(1)(a) that are narcotic goods or consist of a border controlled precursor; and

forfeited goods referred to in paragraph 229(1)(b), (e) or (n).

if the application is made under section 15C (in person)—the matters referred to in that section that are contained in an affidavit made in support of the application;

if the application is made under section 15D (by telephone or other electronic means)—the matters referred to in paragraph 15D(2)(a) that are contained, or that are to be contained, in an affidavit made in support of the application.

subsection 17(3);

subsection 18(3);

paragraph 19(1)(e);

subsection 20(3);

subsection 20A(3).

any of the following, if authorised by the Commissioner of the Australian Federal Police:

an *AFP member;

(ii) an AFP employee within the meaning of the Australian Federal Police Act 1979;

(iii) an employee of an authority of a State or Territory, or an authority of the Commonwealth, within the meaning of the Australian Federal Police Act 1979, while he or she is assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D of that Act; or

if a recognizance release order has been made for the federal sentence—at the end of the day before the person is eligible for release in accordance with the recognizance release order; and

in any other case:

at the end of the last day of any federal sentence that is, on the day of the release, being served or to be served (after deducting any remission or reduction that is applicable); or

if the person has been given a federal life sentence—at the end of the day specified in the licence as the day on which the licence period ends.

starting when the person is released from prison on parole or licence; and

ending at the earlier of the following times:

the end of the person’s parole period or licence period;

if the parole order or licence specifies an earlier time at which the supervision period is to end—that earlier time.

give the person a written notice, within 14 days after the refusal, that:

informs the person of the refusal; and

includes a statement of reasons for the refusal; and

sets out the effect of paragraph (b) of this subsection; and

reconsider the making of a parole order for the person and either make, or refuse to make, such an order, within 12 months after the refusal.

be in writing; and

specify whether or not the person is to be released subject to supervision; and

if it is proposed that the supervision period for a person released on parole subject to supervision should end before the end of the person’s parole period—specify the day on which the supervision period ends.

for a federal sentence, or federal sentences, that do not include a life sentence—if the parole period would end while the person would still be imprisoned for the State or Territory offence; and

for a federal sentence, or federal sentences, that include a life sentence—until the release of the person from prison for the State or Territory offence (but a decision may be made under that subsection at any time during the 3 month period before the person’s expected release); and

in any case—if the State or Territory sentence is a life sentence for which a non-parole period has not been fixed.

for a parole order made before the end of the non-parole period—the earlier of the following days:

the last day of the non-parole period;

an earlier day (if any) specified in the parole order for the purposes of this subparagraph (not being earlier than 30 days before the end of the non-parole period);

for a parole order made after the end of the non-parole period—the later of the following days:

the day after the parole order is made;

a later day (if any) specified in the parole order for the purposes of this subparagraph (not being later than 30 days after the order is made).

when the person is released from prison on parole;

if the person is serving a State or Territory sentence at the time the parole order is made—when the person certifies on the parole order (or a copy of the order) that he or she accepts the conditions to which the order is subject.

at the end of the last day of any federal sentence that is, on the day of the release, being served or to be served (after deducting any remission or reduction that is applicable); or

if the person has been given a federal life sentence—at the later of the following times:

5 years after the person is released from prison on parole in accordance with section 19AM;

the end of a later day (if any) specified in the parole order for the purposes of this subparagraph (not being a day earlier than 5 years after the person’s expected release from prison in accordance with the order).

varying or revoking a condition of the parole order;

imposing additional conditions on the parole order;

changing the day on which the supervision period ends.

specify whether or not the person is to be released subject to supervision; and

if it is proposed that the supervision period for a person released on licence subject to supervision should end before the end of the person’s licence period—specify the day on which the supervision period ends.

varying or revoking a condition of the licence;

imposing additional conditions on the licence;

changing the day on which the supervision period ends.

apply in relation to a person for whom a non-parole period has been fixed, whether the person is sentenced before, at or after the commencement; but

do not apply in relation to a person if a parole order has been made for the person under section 19AL of the old law.

(a) an application is made to a court under paragraph 15A(1AA)(a) of the Crimes Act 1914 before the commencement of this item to impose a penalty described in:

paragraph 15A(1AB)(a), (b), (c) or (d) of the old law; or

paragraph 15A(1AB)(g) of the old law to the extent that that paragraph relates to paragraph 15A(1AB)(a), (b), (c) or (d) of the old law; and

at commencement, the court has not made an order in relation to the application;

paragraph 15A(1AB)(a), (b), (c) or (d) of the old law; or

paragraph 15A(1AB)(g) of the old law to the extent that that paragraph relates to paragraph 15A(1AB)(a), (b), (c) or (d) of the old law.