Disclosure of protected information for the purposes of the Head’s functions and powers
25 Disclosure of protected information for the purposes of the Head’s functions and powers
The Head of Environment Information Australia may disclose EIA information that is protected information to a person if:
the disclosure is for the purposes of performing functions or exercising powers of the Head; and
the Head is satisfied that:
the information is not personal information; and
the disclosure of the information to the person could not reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence; and
the disclosure will be made in such a way that harm of a kind mentioned in paragraphs (b) to (e) of the definition of protected information will be appropriately mitigated, including by conditions (if any) imposed on the person’s use or disclosure of the information.
Civil penalties apply if persons use or disclose information other than in accordance with conditions (see section 39).
The Head may, by written notice given to a person to whom information is disclosed under subsection (1), impose any conditions on the person’s use or disclosure of the information that the Head considers appropriate.
To avoid doubt, subsection (1) does not affect authorisations to disclose protected information under other provisions of this Part.
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