Section 30A Crimes (Criminal Organisations Control) Act 2012 | Supplying Information About Criminal Organisations


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The Legislation

Section 30A of the Crimes (Criminal Organisations Control) Act 2012 (NSW) deals with Supplying Information About Criminal Organisations and is extracted below.

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30A Provision of information relating to criminal organisations

(1) In this section:”authorisation” includes the licensing, registration, approval, certification or any other form of authorisation of a person required by or under legislation for the carrying on of an occupation or activity.”occupation” means an occupation, trade, profession or calling of any kind that may only be carried on by a person holding an authorisation.”regulatory authority” means the person or body having the function conferred by legislation of authorising persons in connection with the carrying on of an occupation or activity.”regulatory legislation” means the legislation requiring the authorisation of persons in connection with the carrying on of an occupation or activity.

(2) A regulatory authority and the Commissioner may enter into arrangements for the supply to the regulatory authority of information that is contained in the records of the NSW Police Force and concerns:
(a) any organisation that is a declared organisation, and
(b) any controlled member of that organisation who is an applicant for, or holder of, an authorisation under the regulatory legislation, and
(c) any person who is an applicant for, or holder of, an authorisation under the regulatory legislation and who is a member, or associates with any member, of that organisation, and that is reasonably necessary for the proper exercise of any function of the regulatory authority relating to authorisations and disciplinary proceedings under the regulatory legislation.

(3) Those arrangements are sufficient authority for the supply of that information.

(4) The regulatory authority is to take steps to maintain the confidentiality of any information provided by the Commissioner under subsection (2) that is criminal intelligence and must not disclose the information to any person unless authorised to do so by the Commissioner.

(5) Nothing in this section limits or affects any other power or duty conferred or imposed on the Commissioner or the regulatory authority under the regulatory legislation.