Document ID: chunk:federal_register_of_legislation:C2023C00318:section:85
Version: federal_register_of_legislation:C2023C00318
Segment Type: section
Provision Reference: s 85
Character Range: 73451–75902

85  Disclosure of official information

Information other than national security information or sensitive financial intelligence information
 (1) A Corporation official may disclose official information to an agency, body or person specified in subsection (2) if:
 (a) the disclosure will:
 (i) facilitate the performance of the Corporation's investment functions; or
 (ii) enable or assist the agency, body or person to perform or exercise any of the functions or powers of the agency, body or person; and
 (b) the information is not:
 (i) national security information; or
 (ii) sensitive financial intelligence information.
 (2) For the purposes of subsection (1), the agencies, bodies and persons are the following:
 (a) a subsidiary of the Corporation;
 (b) the Australian Bureau of Statistics;
 (c) an APS employee in a Department;
 (d) the government of a State or Territory;
 (e) a prescribed agency, body or person.

National security information and sensitive financial intelligence information
 (3) A Corporation official may disclose official information to an agency, body or person specified in subsection (4) if:
 (a) the disclosure will:
 (i) facilitate the performance of the Corporation's investment functions; or
 (ii) enable or assist the agency, body or person to perform or exercise any of the functions or powers of the agency, body or person; or
 (iii) if the disclosure is to a staff member of a national security agency—enable or assist the agency to perform or exercise any of the functions or powers of the national security agency; and
 (b) the information is:
 (i) national security information; or
 (ii) sensitive financial intelligence information.
 (4) For the purposes of subsection (3), the agencies, bodies and persons are the following:
 (a) a Minister of the Commonwealth who has responsibility for national security;
 (b) the Minister administering this Act;
 (c) the Finance Minister;
 (d) a person who:
 (i) is a person employed, under the Members of Parliament (Staff) Act 1984, as a personal employee of a Minister mentioned in paragraph (a), (b) or (c); and
 (ii) holds an appropriate security clearance;
 (e) the Secretary of a Department administered by a Minister mentioned in paragraph (a), (b) or (c);
 (f) a national security agency;
 (g) a person who:
 (i) is a staff member of a national security agency; and
 (ii) holds an appropriate security clearance;
 (h) a prescribed agency, body or person.