Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p36
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 36/38)
Character Range: 108534–111505

in determining whether to make any application for a community safety order, or any application for a variation or review of a community safety order, in relation to the offender; and
 (b) by the Court in proceedings to make, vary or review any community safety order in relation to the offender.

395.44  Sharing information

Requesting information
 (1) The Immigration Minister may request a person prescribed by the regulations for the purposes of this subsection to give the Immigration Minister information (including personal information) that the Immigration Minister reasonably believes to be relevant to the administration or execution of this Division.
 (2) The request need not be in writing.
 (3) Despite any law of the Commonwealth, a State or a Territory (whether written or unwritten), the person may provide the information to the Immigration Minister.

Disclosing information
 (4) The Immigration Minister may disclose information to a person prescribed by the regulations for the purposes of this subsection if:
 (a) the information was acquired by any of the following in the exercise of a power under, or the performance of a function or duty in connection with, this Division:
 (i) the Immigration Minister;
 (ii) a legal representative of the Immigration Minister;
 (iii) the Secretary of the Department administered by the Immigration Minister;
 (iv) an APS employee in the Department administered by the Immigration Minister; and
 (b) the Immigration Minister reasonably believes that the disclosure is necessary to enable the person to exercise the person's powers, or to perform the person's functions or duties; and
 (c) if the regulations provide that information may be disclosed to the person only if specified circumstances are met—those circumstances are met.
 (5) Subsection (4) applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).

395.45  Sharing information relating to community safety supervision orders
 (1) An AFP member may disclose information (including personal information), to a person employed or engaged by a body covered by an arrangement under subsection 395.48(1), for the purpose of facilitating the performance of any functions or the exercise of any powers in relation to community safety supervision orders.
 (2) A person (the first person) employed or engaged by a body covered by an arrangement under subsection 395.48(1) may disclose information (including personal information) to another person if the first person reasonably believes that the disclosure is authorised by the arrangement.
 (3) This section applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).

395.46  Delegation by the Immigration Minister
  The Immigration Minister may, in writing, delegate any of the Immigration Minister's powers or functions under section 395.44 to any of the following persons:
 (a) the Secretary of the Department