Section 85ZZH — Crimes Act 1914: 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 2007, or the Immigration Act 1980 of the Territory of Norfolk Island, for the purpose of making that decision; (g) a Commonwealth authority, for the purpose of assessing appointees or prospective appointees to a designated position; (h) AUSTRAC, for the purpose of assessing: (i) prospective members of the staff of AUSTRAC; or (ii) persons proposed to be engaged as consultants under subsection 225(1) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006; or (iii) persons whose services are proposed to be made available to AUSTRAC under subsection 225(3) of that Act; (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.