Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p53
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 53/56)
Character Range: 216166–218952

duty, function or power; and
 (b) the person discloses information to another person; and
 (c) the information is *protected information; and
 (d) the disclosure is not an *authorised disclosure.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (1A) An APRA private health insurance duty, function or power is a duty, function or power of *APRA, or that a person has in the person's capacity as an officer (within the meaning of section 56 of the Australian Prudential Regulation Authority Act 1998), under any of the following:
 (a) this Act;
 (b) the Private Health Insurance (Prudential Supervision) Act 2015;
 (c) the Financial Institutions Supervisory Levies Collection Act 1998, as that Act applies in relation to levies imposed on private health insurers;
 (d) the Financial Sector (Collection of Data) Act 2001, as that Act applies in relation to private health insurers.
Note: The disclosure of information regime for information obtained under APRA private health insurance duties, functions and powers is Part 6 of the Australian Prudential Regulation Authority Act 1998 (rather than this Division).
 (2) Information is protected information if the information:
 (a) either:
 (i) is obtained by a person in the course of performing or exercising a duty, function or power under this Act, other than an *APRA private health insurance duty, function or power; or
 (ii) was information to which subparagraph (i) applied and is obtained by a person by way of an *authorised disclosure under section 323‑10, 323‑15 or 323‑20; and
 (b) relates to a person other than the person who obtained it.
 (3) A disclosure of information is an authorised disclosure if the disclosure is one that the person may make under section 323‑5, 323‑10, 323‑15, 323‑20, 323‑25 or 323‑30.
Note: A disclosure in accordance with subsection 132D(1) of the National Health Act 1953 is also taken to be an authorised disclosure for the purposes of this section: see subsection 132D(3) of the National Health Act 1953.

323‑5  Authorised disclosure: official duties
  For the purposes of subsection 323‑1(3), a person may disclose information if the disclosure is made:
 (a) in the course of performing or exercising a duty, function or power under this Act, other than an *APRA private health insurance duty, function or power; or
 (aa) for the purpose of enabling a person to perform or exercise an *APRA private health insurance duty, function or power; or
 (b) for the purpose of enabling a person to perform functions in connection with a *medicare program; or
 (c) for the purpose of enabling a person to perform functions under:
 (i) a provision of the A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999; or
 (ii) a provision of the Medicare Levy Act 1986; or
 (iii)