Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:9_110zhp:p1
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 9 cl 110ZHP (pt 1/2)
Character Range: 531008–533984

110ZHP  Authorisation to disclose intelligence information

Authorisation to disclose
 (1) The Defence and Veterans' Services Commissioner may disclose intelligence information (including personal information) to an entity specified in subsection (2) if:
 (a) the information was given to the Commissioner in accordance with a notice under section 110ZGC or 110ZGE, or in accordance with section 110ZGN or 110ZGP; and
 (b) except in the case of a disclosure to the Inspector‑General of Intelligence and Security—the information relates, or may relate, to the commission, or evidence of the commission, of an offence against a law of the Commonwealth, a State or a Territory; and
 (c) in any case—the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers.
 (2) The entities are the following:
 (a) the Australian Federal Police;
 (b) the police force of a State or Territory;
 (c) the Australian Crime Commission;
 (d) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);
 (e) the Inspector‑General of Intelligence and Security;
 (f) an agency or body, or the holder of an office that is prescribed by the rules for the purposes of this paragraph.

Consultation requirement
 (3) Before disclosing intelligence information under subsection (1) to an entity other than the Inspector‑General of Intelligence and Security, the Commissioner must consult the following:
 (a) the person mentioned in subsection (4) for the entity;
 (b) the head of the Australian intelligence entity to which the information relates.
 (4) For the purposes of paragraph (3)(a), the person for the entity is as follows:
 (a) for the Australian Federal Police—the Commissioner of Police;
 (b) for the police force of a State or Territory—the head (however described) of the police force of the State or Territory;
 (c) for the Australian Crime Commission—the Chief Executive Officer of the Australian Crime Commission;
 (d) for the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022)—the National Anti‑Corruption Commissioner;
 (e) for an agency or body, or the holder of an office, that is prescribed by the rules for the purposes of paragraph (2)(f)—the person holding, or performing the duties of, the principal office in respect of the body or agency that is prescribed by the rules for the purposes of this paragraph.
 (5) For the purposes of paragraph (3)(a), the consultation must cover the protection of the intelligence information while it remains in the entity's possession.

Matters to which Commissioner must have regard in disclosing information
 (6) In disclosing intelligence information under subsection (1), the Commissioner:
 (a) must have regard to any matter set out in an arrangement entered into with the head of the Australian intelligence entity to which the information relates;