https://padlet.com/deborah_scheele/66bnyjdtv1bl These readings support the module information on the Policy and Legal frameworks of sharing information. en-us 2018-05-03 03:30:14 UTC 2019-04-04 03:23:57 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/File.png deborah_scheele https://padlet.com/deborah_scheele/66bnyjdtv1bl/wish/260367000 In Bond v Tuohy, Ryan J was dealing with a situation where the Official Receiver served notices under the Bankruptcy Act 1966 (Cth) on the AFP and Commonwealth Director of Public Prosecutions (DPP) for document seized pursuant to search warrants.  Leaving aside issues of privilege, Ryan J held that there was no implied limitation that documents obtained by some coercive power are not required to be produced.  This would appear to affect the principle borne out by Williams and Keelty and ASIC v Rich to the extent that dissemination of material seized pursuant to a search warrant is requested via a coercive notice although as Rothman J observed in Pratten v Commonwealth Director of Public Prosecutions [2013] NSWSC 594, there is a tension here.]]> 2018-05-14 08:10:14 UTC https://padlet.com/deborah_scheele/66bnyjdtv1bl/wish/260367000 deborah_scheele https://padlet.com/deborah_scheele/66bnyjdtv1bl/wish/260369986 Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2010
Page 65 relates to disclosures for law enforcement and related purposes.  ]]> 2018-05-14 08:24:23 UTC https://padlet.com/deborah_scheele/66bnyjdtv1bl/wish/260369986 deborah_scheele https://padlet.com/deborah_scheele/66bnyjdtv1bl/wish/260370052 BCI Finances Pty Limited v Commissioner of Taxation demonstrates the utility of the Foreign Evidence Act in relation to international investigations.  It will be recalled in this case that the Commissioner of Taxation sought orders from the Court that a letter of request be sent to Israeli judicial authorities to take evidence from the Chief Legal Officer of BCI Finances.  The Commissioner sought a further order that BCI Finances provide a signed letter of request consenting to the production of documents by the banks relevant to the financial exchanges.  The orders required consideration of s 7 Foreign Evidence Act. Jagot J concluded that the orders sought by the Commissioner were in the interests of justice for reasons including that there was no real prospect that the Chief Legal Officer of the Bank would be willing or able to come to Australia to give evidence at the hearing and an officer of the Bank could provide evidence in relation to provenance, integrity and adequacy of the documents evidencing the loans and other arrangements between the Bank and BCI Finances.]]> 2018-05-14 08:24:38 UTC https://padlet.com/deborah_scheele/66bnyjdtv1bl/wish/260370052