Document ID: chunk:federal_register_of_legislation:C2024C00800:section:503a:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 503A (pt 1/3)
Character Range: 1299897–1302777

503A  Protection of information supplied by law enforcement agencies or intelligence agencies
 (1) If information is communicated to an authorised migration officer by a gazetted agency on condition that it be treated as confidential information and the information is relevant to the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA:
 (a) the officer must not divulge or communicate the information to another person, except where:
 (i) the other person is the Minister or an authorised migration officer; and
 (ii) the information is divulged or communicated for the purposes of the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA; and
 (b) an authorised migration officer to whom information has been communicated in accordance with paragraph (a) or this paragraph must not divulge or communicate the information to another person, except where:
 (i) the other person is the Minister or an authorised migration officer; and
 (ii) the information is divulged or communicated for the purposes of the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA.
Note: Authorised migration officer and gazetted agency are defined by subsection (9).
 (2) If:
 (a) information is communicated to an authorised migration officer by a gazetted agency on condition that it be treated as confidential information and the information is relevant to the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA; or
 (b) information is communicated to the Minister or an authorised migration officer in accordance with paragraph (1)(a) or (b);
then:
 (c) the Minister or officer must not be required to divulge or communicate the information to a court, a tribunal, a parliament or parliamentary committee or any other body or person; and
 (d) if the information was communicated to an authorised migration officer—the officer must not give the information in evidence before a court, a tribunal, a parliament or parliamentary committee or any other body or person.
 (3) The Minister may, by writing, declare that subsection (1) or (2) does not prevent the disclosure of specified information in specified circumstances to a specified Minister, a specified Commonwealth officer, a specified court or a specified tribunal. However, before making the declaration, the Minister must consult the gazetted agency from which the information originated.
Note: Commonwealth officer is defined by subsection (9).
 (3A) The Minister does not have a duty to consider whether to exercise the Minister's power under subsection (3).
 (4) If a person divulges or communicates particular information to a Commonwealth officer in accordance with a declaration under subsection (3), the officer must comply with such conditions relating to the disclosure by the officer of the information as are specified in the declaration.
 (4A) If