Authorised uses and disclosures
149 Authorised uses and disclosures
A person may use or disclose protected information if:
the use or disclosure is made for the purposes of:
performing a duty or function, or exercising a power, under or in relation to this Act; or
enabling another person to perform duties or functions, or exercise powers, under or in relation to this Act; or
assisting in the administration or enforcement of another Australian law; or
the use or disclosure is required or authorised by or under:
a Commonwealth law (including this Act); or
a law, of a State or Territory, that is prescribed by the rules; or
the person referred to in paragraph 148(1)(c) has consented to the use or disclosure; or
at the time of the use or disclosure, the protected information is already lawfully publicly available; or
both:
the use or disclosure is, or is a kind of use or disclosure that is, certified in writing by the Minister to be in the public interest; and
the use or disclosure is made in accordance with any requirements prescribed by the rules; or
both:
the person believes on reasonable grounds that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and
the use or disclosure is for the purposes of preventing or lessening that threat; or
both:
the person believes on reasonable grounds that the use or disclosure is necessary to prevent or lessen a serious threat to environmental health; and
the use or disclosure is for the purposes of preventing or lessening that threat; or
both:
the information used or disclosed is a summary of, or statistics derived from, protected information; and
the information is not likely to enable the identification of a person.
An instrument made under subparagraph (1)(e)(i) certifying that a particular use or disclosure is in the public interest is not a legislative instrument.
An instrument made under subparagraph (1)(e)(i) certifying that a kind of use or disclosure is in the public interest is a legislative instrument.
This Act’s bill:Explanatory memorandumSecond reading speech
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