Document ID: chunk:federal_register_of_legislation:C2024C00820:section:17:p1
Version: federal_register_of_legislation:C2024C00820
Segment Type: section
Provision Reference: s 17 (pt 1/2)
Character Range: 66610–69340

17  When sharing is barred

When sharing is barred
 (1) For the purposes of paragraph 13(2)(c), sharing data is barred if the sharing is barred by any of the following subsections.
Note: If a sharing of data is barred, it is not authorised by section 13.

National security and law enforcement etc.
 (2) Sharing data is barred if:
 (a) the data is held by, or originated with or was received from, an excluded entity; or
 (b) the data is operational data that is held by, or originated with or was received from, any of the following:
 (i) AUSTRAC (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006);
 (ii) the Australian Federal Police;
 (iii) the Department administered by the Minister administering the Australian Border Force Act 2015; or
 (c) an excluded entity would be a data custodian of the data, if paragraph 11(2)(b) were disregarded.

Contravention or infringement of rights etc.
 (3) Sharing data is barred if:
 (a) sharing the data contravenes or infringes:
 (i) copyright or other intellectual property rights to which the data is subject; or
 (ii) a contract or agreement to which a data custodian of the data is party; or
 (iii) a common law duty or privilege; or
 (iv) a privilege or immunity of a House of the Parliament, a member of a House of the Parliament, or a committee within the meaning of the Parliamentary Privileges Act 1987; or
 (b) the data is commercial information and sharing it founds an action by a person (other than the Commonwealth or a Commonwealth body) for breach of confidence.

Prescribed by the regulations
 (4) Sharing data is barred if:
 (a) any of the following prohibits the data custodian, or any of the individuals to whom the data custodian's authorisation would extend under section 124, from disclosing the data in the circumstances in which the sharing is done:
 (i) a provision of a law prescribed by the regulations for the purposes of this subparagraph;
 (ii) an order, direction, certificate or other instrument made by an officer of the Commonwealth (including a Minister) under a provision of a law prescribed by the regulations for the purposes of this subparagraph; or
 (b) the data custodian of the data is prescribed by the regulations as an entity that must not share data in the capacity of data custodian; or
 (c) any other circumstances prescribed by the regulations for the purposes of this paragraph exist.

International matters
 (5) Sharing data is barred if:
 (a) sharing the data is inconsistent with:
 (i) the obligations of Australia under international law, including obligations under any international agreement binding on Australia; or
 (ii) any law of the Commonwealth giving effect to such an agreement; or