Document ID: chunk:federal_register_of_legislation:C2024C00820:section:17:p2
Version: federal_register_of_legislation:C2024C00820
Segment Type: section
Provision Reference: s 17 (pt 2/2)
Character Range: 69073–70548

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
 (b) unless the foreign government, or agency of the foreign government, has agreed to the sharing—the data was collected from a foreign government, or an agency of a foreign government.
Note: The Privacy Act 1988 and legislative instruments made under that Act are examples of laws of the Commonwealth giving effect to an international agreement binding on Australia (the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23)).

Evidence and court/tribunal orders
 (6) Sharing data is barred if:
 (a) the copy of the data to be shared is being held as evidence before a court; or
 (b) the copy was obtained by a tribunal, authority or other person using a power to require the answering of questions or the production of documents and is being held as evidence before the tribunal, authority or other person; or
 (c) the data:
 (i) is subject to a court/tribunal order that manages, prohibits or restricts publication or other disclosure of the data; or
 (ii) relates to the existence or content of such a court/tribunal order and a law of the Commonwealth prohibits or restricts disclosure of that existence or content.

Part 2.6—Data sharing agreements