Page 2865 - Week 08 - Thursday, 11 August 2016

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Schedule 1, clause 1.19

Page 80, line 6—

omit clause 1.19, substitute

1.19 Law enforcement or public safety information

(1) Information the disclosure of which would, or could reasonably be expected to—

(a) prejudice the investigation of a contravention or possible contravention of the law in a particular case; or

(b) identify the existence or identity of a confidential source of information in relation to the enforcement or administration of the law; or

(d) result in a person being subject to a serious act of harassment or intimidation; or

(e) prejudice a person’s fair trial or the impartial adjudication of a matter before a court or tribunal; or

(f) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or

(g) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or

(h) endanger the security of a building, structure or vehicle; or

(i) prejudice a system or procedure for the protection of people, property or the environment; or

(j) facilitate a person’s escape from lawful custody; or

(k) prejudice the wellbeing of a cultural or natural resource or the habitat of animals or plants.

(2) Information given in the course of an investigation of a contravention or possible contravention of the law if the information was given under compulsion under an Act that abrogated the privilege against self-incrimination.

(3) Information obtained, used or prepared for an investigation by an entity prescribed by regulation in the exercise of a function prescribed by regulation.

(4) However this section does not apply to—

(a) information revealing that the scope of a law enforcement investigation has exceeded the limits imposed by law; or

(b) information containing a general outline of the structure of a program adopted by an agency for dealing with a contravention or possible contravention of the law; or

(c) a report on the degree of success achieved in a program adopted by an agency for dealing with a contravention or possible contravention of the law; or

(d) a report prepared in the course of a routine law enforcement inspection or investigation by an agency whose functions include that of enforcing the law (other than the criminal law or the law relating to corruption); or

(e) a report on a law enforcement investigation that has already been disclosed to the entity the subject of the investigation.

(5) In this section:

law includes law of the Commonwealth, a State or a foreign country.

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