Document ID: chunk:federal_register_of_legislation:C2025C00132:section:85zzh
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 85ZZH
Character Range: 1370007–1371965

85ZZH  Exclusions
  Division 3 does not apply in relation to the disclosure of information to or by, or the taking into account of information by a person or body referred to in one of the following paragraphs for the purpose specified in relation to the person or body:
 (a) a law enforcement agency, for the purpose of making decisions in relation to prosecution or sentencing or of assessing:
 (i) prospective employees or prospective members of the agency; or
 (ii) persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;
 (b) an intelligence or security agency, for the purpose of assessing:
 (i) prospective employees or prospective members of the agency; or
 (ii) persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;
 (c) a court or tribunal established under a Commonwealth law, a State law or a Territory law, for the purpose of making a decision, including a decision in relation to sentencing;
 (d) a person who makes a decision under the Migration Act 1958, the Australian Citizenship Act 2007, or the Immigration Act 1980 of the Territory of Norfolk Island, for the purpose of making that decision;
 (g) a Commonwealth authority, for the purpose of assessing appointees or prospective appointees to a designated position;
 (h) AUSTRAC, for the purpose of assessing:
 (i) prospective members of the staff of AUSTRAC; or
 (ii) persons proposed to be engaged as consultants under subsection 225(1) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or
 (iii) persons whose services are proposed to be made available to AUSTRAC under subsection 225(3) of that Act;
 (j) the Australian Government Solicitor, for the purpose of instituting or conducting proceedings for Commonwealth offences;
 (k) a prescribed person or body, for a prescribed purpose, in relation to a conviction for a prescribed offence.