Document ID: chunk:federal_register_of_legislation:C2024C00841:section:40:p2
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 40 (pt 2/2)
Character Range: 385057–386049

to that person; or
 (b) furnish to a Commonwealth agency any information, recommendation, opinion or advice concerning a person if the Organisation knows that the Commonwealth agency intends to communicate it to a State or an authority of a State for use in considering prescribed administrative action in relation to that person.
 (3) However, subsection (2) does not prevent the communication of information under subsection 18(3) or 19A(4) which the Organisation knows is intended or likely to be used by a State or an authority of a State in considering prescribed administrative action within the meaning of paragraph (h) of the definition of prescribed administrative action in subsection 35(1).
 (4) The Director‑General may, in writing, authorise a person for the purposes of subsection (1A) if the person is an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.