Document ID: chunk:federal_register_of_legislation:C2025C00156:section:130:p1
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 130 (pt 1/8)
Character Range: 790030–792591

130  Officers to observe secrecy
 (1) A person shall not, directly or indirectly, except in the performance of his or her duties, or in the exercise of his or her powers or functions, under this Act or for the purpose of enabling a person to perform functions in relation to a medicare program or for the purposes of enabling a person to perform functions under the Medicare Guarantee Act 2017, the Dental Benefits Act 2008, the My Health Records Act 2012 (whether as a delegate or otherwise) or the indemnity legislation, and while he or she is, or after he or she ceases to be, an officer, make a record of, or divulge or communicate to any person, any information with respect to the affairs of another person acquired by him or her in the performance of his or her duties, or in the exercise of his or her powers or functions, under this Act.
Penalty: 5 penalty units.
 (2) A person who is, or has been, an officer shall not, except for the purposes of this Act, be required:
 (a) to produce in court any document that has come into his or her possession or under his or her control in the performance of his or her duties or functions under this Act; or
 (b) to divulge or communicate to a court any matter or thing that has come under his or her notice in the performance of any such duties or functions.
 (3) Notwithstanding anything contained in the preceding provisions of this section, the Secretary or the Chief Executive Medicare may:
 (a) if the Minister certifies, by instrument in writing, that it is necessary in the public interest that any information acquired by an officer in the performance of his or her duties, or in the exercise of his or her powers or functions, under this Act, should be divulged, divulge that information to such person as the Minister directs; or
 (c) divulge any such information to a person who, in the opinion of the Minister, is expressly or impliedly authorized by the person to whom the information relates to obtain it.
 (3A) Notwithstanding anything contained in the preceding provisions of this section, the Secretary or the Chief Executive Medicare may divulge any information acquired by an officer in the performance of duties, or in the exercise of powers or functions, under this Act to an authority or person if:
 (a) the authority or person is a prescribed authority or person for the purposes of this subsection; and
 (b) the information is information of a kind that may, in accordance with the regulations, be provided to the authority or person.
 (3AA) Despite subsection (1), an officer may make