Disclosure of information—government related entities and individuals
76 Disclosure of information—government related entities and individuals
Disclosures by the Board or the CEO
Subject to subsections (6) to (9), the Board may disclose information (not including personal information) to:
an entrusted entity; or
an individual who holds any office or appointment under a law of the Commonwealth or of a State or Territory;
if the disclosure is reasonably necessary to:
assist the Board or the Authority to perform any of their functions or duties, or to exercise any of their powers; or
assist the entity or individual to perform any of their functions or duties, or to exercise any of their powers.
For limitations in relation to paragraph (d), see subsection (8).
Section 16 sets out the functions of the Authority and section 19 sets out the functions of the Board.
The Board may delegate the Board’s functions and powers under this section (see subsection 79(2)).
Subject to subsections (6) to (9), the CEO may disclose information (not including personal information) to:
an entrusted entity; or
an individual who holds any office or appointment under a law of the Commonwealth or of a State or Territory;
if the disclosure is reasonably necessary to:
assist the CEO or the Authority to perform any of their functions or duties, or to exercise any of their powers; or
assist the entity or individual to perform any of their functions or duties, or to exercise any of their powers.
For limitations in relation to paragraph (d), see subsection (8).
Section 16 sets out the functions of the Authority and section 40 sets out the functions of the CEO.
The CEO may delegate the CEO’s functions and powers under this section (see subsection 80(3)).
The CEO may disclose information (including personal information) to employers in connect with the operation of Part 5 (see section 66 and subsection (7) of this section)).
Disclosures to the Board or the CEO
An entrusted entity, or an individual who holds any office or appointment under a law of the Commonwealth or of a State or Territory, may disclose information (not including personal information) to the Board if the disclosure is reasonably necessary to assist the Board or the Authority to perform any of their functions or duties, or to exercise any of their powers.
An entrusted entity, or an individual who holds any office or appointment under a law of the Commonwealth or of a State or Territory, may disclose information (not including personal information) to the CEO if the disclosure is reasonably necessary to assist the CEO or the Authority to perform any of their functions or duties, or to exercise any of their powers.
Information may be disclosed under any of subsections (1) to (4) on the initiative, or at the request, of the Board, CEO, entrusted entity or individual.
Limitations relating to disclosure of information
Subsections (1) and (2) do not apply to a disclosure of information if the information was given in compliance with a notice issued under subsection 64(1) (CEO may require information or documents).
Subsection (2) does not apply in relation to a disclosure by the CEO under subsection 66(1) (CEO may provide information to employers).
Paragraphs (1)(d) and (2)(d) do not apply in relation to the disclosure of information to:
an individual, if the office or appointment of the individual is under a law of a State or Territory; or
an entrusted entity, if the entity is covered by paragraph (d) or (e) of the definition of government entity in the A New Tax System (Australian Business Number) Act 1999.
The effect of this subsection is that this section does not authorise the disclosure of information to certain entities or individuals to assist such entities or individuals in performing any of their functions or duties, or to exercise any of their powers.
For the purposes of paragraph (b), see the definition of entrusted entity in subsection 5(1) of this Act.
Subsections (1) to (4) do not apply to a disclosure of information if:
the disclosure would, apart from this section, constitute an offence against a law of the Commonwealth; and
that law does not contain an exception or defence for a disclosure authorised by a law of the Commonwealth.
This section constitutes an authorisation for the purposes of other laws.
This Act’s bill:Explanatory memorandumSecond reading speech
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