Document ID: chunk:federal_register_of_legislation:C2025C00156:section:130:p6
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 130 (pt 6/8)
Character Range: 802409–804939

of the Secretary of the Immigration Department or a person or employee under the control of the Secretary—in the performance of his or her duties, or in the exercise of his or her powers or functions, under the Migration Act 1958; or
 (c) in the case of a person (the first person) or body referred to in paragraph (6)(e) or (7)(g), or a person or employee under the control of the first person or body—in the performance of his or her duties, or in the exercise of his or her powers or functions, under the National Law; or
 (d) in the case of a director, secretary or employee of a private health insurer or a person or employee under the control of such a person—in the performance of his or her duties, or in the exercise of his or her powers or functions in relation to the carrying on of the business of the insurer;
and while he or she is, or after he or she ceases to be, such a person, make a record of, or divulge or communicate to any person, any information so divulged.
Penalty: 5 penalty units.
 (10) A person to whom information is divulged under subsection (6) or (7) or a person or employee under the control of the first‑mentioned person shall not, except in the performance of duties or the exercise of powers or functions referred to in whichever of paragraphs (9)(a), (aa), (b), (ba), (c) and (d) is applicable, be required:
 (a) to produce in court any document that has come into his or her possession or under his or her control under subsection (6) or (7); or
 (b) to divulge or communicate to a court any matter or thing that has come under his or her notice under subsection (6) or (7).
 (11) The powers conferred by subsections (6) and (7) are in addition to, and not in derogation of, the powers conferred by subsection (3) or (3A).
 (12) The powers conferred by subsection (6) are in addition to, and not in derogation of, the powers conferred by subsection (7).
 (13) Nothing in subsection (3), (3A), (6) or (7) shall be taken to affect the exception referred to in subsection (1) or (2).
 (13A) Despite subsection (1), any of the following persons may divulge information about a person's compliance with a share by default provision (within the meaning of the My Health Records Act 2012) to the Australian Commission on Safety and Quality in Health Care:
 (a) the Secretary;
 (b) the Secretary of the Department administered by the Minister administering the My Health Records Act 2012;
 (c) the Chief Executive Medicare.
 (14) Where:
 (a) a person solicits the disclosure of protected information