Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This section is made for the purposes of paragraph 40P(1)(j) of the Act in relation to results ( test results ) revealed by an alcohol screening test, an alcohol breath test, a blood test or a prohibited drug test conducted on an AFP appointee for the purposes of section 40LA, 40M or 40N of the Act.
Disclosure of test results by those covered by section 60A of the Act
(2) A person to whom section 60A of the Act (secrecy) applies may disclose test results relating to an AFP appointee only:
(a) if the results are already publicly known; or
(b) in accordance with this Division; or
(c) for the investigation of an offence or offences generally; or
(d) to enable an AFP conduct issue to be dealt with under Part V of the Act (professional standards and AFP conduct and practices issues) and to enable any action to be taken under that Part in relation to the conduct issue; or
(e) for a decision whether to institute proceedings for an offence; or
(f) for proceedings for an offence; or
(g) for the AFP appointee's medical treatment; or
(h) if the AFP appointee is the person disclosing the test results; or
(i) if the AFP appointee consents in writing to the disclosure.
Disclosure of test results by Commissioner
(3) The Commissioner may disclose test results to any of the persons mentioned in subsection (4) i f the Commissioner is satisfied, having regard to the functions of the agency or police force concerned, that it is appropriate to do so for the purposes of the following:
(a) conducting a security or character clearance of a person who is, or was, an AFP appointee;
(b) determining whether a person who is, or was, an AFP appointee has committed an offence or failed to comply with AFP professional standards;
(c) assessing the suitability:
(i) for employment, appointment or engagement of a person who is, or was, an AFP appointee; or
(ii) for determining that a person who is, or was, an AFP appointee is to be an AFP appointee;
(d) intelligence gathering in relation to criminal activity.
Note: It may be an offence to make a record of any prescribed information or to divulge or communicate any prescribed information to another person, other than for the purposes of the Act or the regulations (see section 60A of the Act).
(4) The Commissioner may disclose test results under subsection (3) to any of the following persons:
(a) the head of a Commonwealth government agency;
(b) the head of a police force of a State or Territory;
(c) the head of an integrity agency for a State or Territory;
(d) the head of another State or Territory government agency.