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CRIMES ACT 1914

The Blue Bar of the Law

CRIMES ACT 1914 SECT 85ZZH

85ZZH Exclusions
Division 3 does not apply in relation to the disclosure of information to or by, or the taking into account of information by a person or body referred to in one of the following paragraphs for the purpose specified in relation to the person or body:
(a)
a law enforcement agency, for the purpose of making decisions in relation to prosecution or sentencing or of assessing:
(i)
prospective employees or prospective members of the agency; or
(ii)
persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;
(b)
an intelligence or security agency, for the purpose of assessing:
(i)
prospective employees or prospective members of the agency; or
(ii)
persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;
(c)
a court or tribunal established under a Commonwealth law, a State law or a Territory law, for the purpose of making a decision, including a decision in relation to sentencing;
(d)
a person who makes a decision under the Migration Act 1958 , the Australian Citizenship Act 1948 , or the Immigration Act 1980 of the Territory of Norfolk Island, for the purpose of making that decision;
(e)
a person or body who employs or otherwise engages other persons in relation to the care, instruction or supervision of minors, for the purpose of finding out whether a person who is being assessed by the person or body for that employment or engagement has been convicted of a designated offence;
(f)
a person or body who otherwise makes available care, instruction or supervision services for minors, for the purpose of finding out whether a person who is being assessed by the person or body in connection with those services has been convicted of a designated offence;
(g)
a Commonwealth authority, for the purpose of assessing appointees or prospective appointees to a designated position;
(h)
the Australian Transaction Reports and Analysis Centre, for the purpose of assessing:
(i)
prospective officers or prospective members of the Centre; or
(ii)
persons proposed to be engaged as consultants to, or to perform services for, the Centre;
(j)
the Australian Government Solicitor, for the purpose of instituting or conducting proceedings for Commonwealth offences;
(k)
a prescribed person or body, for a prescribed purpose, in relation to a conviction for a prescribed offence.
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