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Print Chapter 5 (PDF 214KB) | < - Report Home < - Chapter 4 : Chapter 6 - > |
Introduction
The Agreement
Implementation
Costs
Consultation
Recommendation
Introduction |
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5.1 | The Agreement on Operational and Strategic Cooperation between Australia and the European Police Office (Europol) (the Hague, 20 February 2007) (‘the Agreement’) will provide a formal framework for the sharing of intelligence and strategic cooperation between Australia and Europol. Europol is the European Union law enforcement organisation that handles criminal intelligence. |
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The Agreement |
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5.2 | The Agreement will facilitate the exchange of criminal intelligence between Europol and Australian law enforcement agencies, providing significant operational benefits to Australian agencies in combating international crime.1 The AFP has been designated as the national contact point between Europol and other competent authorities in Australia.2 |
5.3 | Information sharing under the Agreement may include:3 |
5.4 | The Agreement will apply to all areas of crime within Europol’s mandate.4 Annex 1 of the Agreement defines certain specific forms of criminality. The Committee was informed that: |
5.5 | The exchange of information between Australia and Europol will only take place for the purpose of and in accordance with the provisions of this Agreement.6 |
5.6 | Article 8 of the Agreement provides for the supply of information by Australia to Europol and Article 9 of the Agreement provides for the supply of personal data by Europol to Australia. The Committee received a submission from Dr Ben Saul who noted that ‘where personal data is supplied by Europol to Australia, a more comprehensive range of safeguards applies (Article 9) than when Australia supplies information to Europol (Article 8)’.7 |
5.7 | The AFP explained that the different safeguards were a result of Australia’s and Europol’s domestic regimes: |
5.8 | Article 14 of the Agreement provides for AFP officers to be assigned as liaison officers to Europol. The Committee was informed by representatives from the AFP that an officer started at Europol in April to facilitate the exchange of information between Australia and Europol.9 |
5.9 | Under Article 7(3) of the Agreement, a written request is required.10 The Committee was informed that: |
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Implementation |
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5.10 | The Committee was informed that the AFP is currently implementing structures which will assist in the facilitation of intelligence received under the Agreement through the AFP: |
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Costs |
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5.11 | The costs associated with the assignment of a liaison officer to Europol are estimated to be approximately $500,000 per annum and are being met from within the current AFP budget allocations. |
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Consultation |
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5.12 | The Minister for Justice and Customs and the AFP Commissioner consulted with State and Territory Police Ministers and police services about the proposed Agreement, and in particular, whether State and Territory police forces wanted to be listed as ‘competent authorities’ for the purposes of the Agreement.14 Each jurisdiction advised it wished to be designated as a competent authority and that it was in a position to meet the obligations under the Agreement.15 |
5.13 | The Agreement was listed on the schedule to the Commonwealth-State/Territory Standing Committee on Treaties (SCOT) since February 2005.16 |
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Recommendation |
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Recommendation 5The Committee supports the Agreement on Operational and Strategic Cooperation between Australia and the European Police Office (The Hague, 20 February 2007) and recommends binding treaty action be taken. |
1 | National Interest Analysis (NIA), para. 9. Back |
2 | Article 5 of the Agreement. See Article 6 ‘Competent Authorities’. Back |
3 | Article 4 of the Agreement. Back |
4 | Article 3(1) of the Agreement. Back |
5 | Australian Federal Police, Submission 3. Back |
6 | Article 7(1) of the Agreement. Back |
7 | Dr Ben Saul, Submission 5.1. Back |
8 | Australian Federal Police, Supplementary Submission 3.1. Back |
9 | Federal Agent Tim Morris, Transcript of Evidence, 22 June 2007, p. 35. Back |
10 | A request can be made orally with written confirmation to follow if required by the requested party: Article 7(3) of the Agreement. Back |
11 | Federal Agent Tim Morris, Transcript of Evidence, 22 June 2007, p. 38. Back |
12 | Federal Agent Tim Morris, Transcript of Evidence, 22 June 2007, p. 36. Back |
13 | Federal Agent Tim Morris, Transcript of Evidence, 22 June 2007, p. 38. Back |
14 | NIA, Consultation Annex, para. 1. Back |
15 | NIA, Consultation Annex, para. 1. Back |
16 | NIA, Consultation Annex, para. 2. Back |
Print Chapter 5 (PDF 214KB) | < - Report Home < - Chapter 4 : Chapter 6 - > |