Document ID: chunk:federal_register_of_legislation:C2024C00841:section:18:p2
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 18 (pt 2/2)
Character Range: 49325–51989

bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code).

Communicating information to appropriate authorities of the Commonwealth or a State
 (3) A person referred to in subsection (1) may communicate information to a person referred to in subsection (4) if:
 (a) the information has come into the possession of the Organisation in the course of performing the Organisation's functions under section 17; and
 (b) either:
 (i) the information relates, or appears to relate, to the commission, or intended commission, of a serious crime; or
 (ii) the Director‑General, or a person authorised for the purpose by the Director‑General, is satisfied that the national interest requires the communication; and
 (c) the information relates, or appears to relate, to the performance of the functions, responsibilities or duties of the person referred to in subsection (4).
Note: There are additional restrictions, in the Telecommunications (Interception and Access) Act 1979, on communicating telecommunications information.
 (4) The persons to whom information may be communicated under subsection (3) are the following:
 (a) a Minister;
 (b) a staff member of an authority of the Commonwealth;
 (c) a staff member of an authority of a State.

Communicating information to ASIS, ASD and AGO
 (4A) A person referred to in subsection (1) may communicate information to a staff member of ASIS, ASD or AGO if:
 (a) the information has come into the possession of the Organisation in the course of performing the Organisation's functions under section 17; and
 (b) the information relates, or appears to relate, to the performance of ASIS, ASD or AGO's functions (as the case requires).

Communicating information in relation to emergency declarations
 (4B) A person referred to in subsection (1) may communicate information, in accordance with Part VIA of the Privacy Act 1988, if:
 (a) the information has come into the possession of the Organisation in the course of performing its functions under section 17; and
 (b) an emergency declaration (within the meaning of section 80G of that Act) is in force.

Communicating information to the Australian Designated Authority etc.
 (5) A person referred to in subsection (1) may communicate information to:
 (a) the Australian Designated Authority (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979); or
 (b) an APS employee in the Attorney‑General's Department (within the meaning of that Schedule);
for the purpose of the Australian Designated Authority exercising a power, or performing a function, under that Schedule.