Document ID: chunk:federal_register_of_legislation:C2011A00004:clause:6_12
Version: federal_register_of_legislation:C2011A00004
Segment Type: clause
Provision Reference: sch 6 cl 12
Character Range: 31757–34201

12  Subsection 18(3)
Repeal the subsection, substitute:

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, DSD and DIGO
 (4A) A person referred to in subsection (1) may communicate information to a staff member of ASIS, DSD or DIGO 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, DSD or DIGO'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.
Note 1: The following heading to subsection 18(1) is inserted "Who may communicate intelligence".
Note 2: The following heading to subsection 18(2) is inserted "Offence for unauthorised communication of information".
Note 3: The following heading to subsection 18(5) is inserted "Attorney‑General's consent required for prosecution of offence".