Serious Fraud Office Act 1990

Miscellaneous provisions - Miscellaneous provisions

51: Agreements with overseas agencies

You could also call this:

"The Serious Fraud Office can work with other countries to investigate fraud."

Illustration for Serious Fraud Office Act 1990

The Director of the Serious Fraud Office can make agreements with people in other countries who investigate fraud. You can think of the Director as the person in charge of the Serious Fraud Office. The Director can make these agreements if they are about a specific case of fraud. The Director must be careful when sharing information with other countries. You need to know that the Director must make sure sharing information will not hurt other investigations. The Director also needs to get approval from the Attorney-General before making some agreements. These agreements can be made in writing or by talking to someone. The agreements can involve sharing or getting information from the Serious Fraud Office. There is a rule that people who get information from these agreements must not share it unless it is allowed in the agreement. This section of the law does not limit the Director's power to make agreements in general. This section is also subject to the provisions of sections 37 and 39.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211494.


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Part 4Miscellaneous provisions
Miscellaneous provisions

51Agreements with overseas agencies

  1. The Director may enter into any agreement or agreements with any person in any other country whose functions are or include the detection and investigation of cases of fraud or the prosecution of any proceedings which relate to fraud, if—

  2. the agreement relates to a particular case or cases of fraud; and
    1. in the case of an agreement providing for the supply of information by the Serious Fraud Office,—
      1. the Director is satisfied that compliance with the agreement will not substantially prejudice the performance of the Serious Fraud Office's functions in relation to any other investigations; and
        1. the Director has recommended to the Attorney-General that the agreement be entered into and the Attorney-General has accepted the recommendation.
        2. Any such agreement—

        3. may be made orally or in writing:
          1. may provide for the supply or the receipt of information by the Serious Fraud Office:
            1. shall contain a condition that no person who receives information pursuant to the agreement shall disclose the information except for any purpose specified in the agreement or with the consent of all of the parties to the agreement.
              1. Nothing in this section shall limit the general powers of the Director to enter into agreements.

              2. This section is subject to the provisions of sections 37 and 39.