Document ID: chunk:federal_register_of_legislation:F2022L00994:reg:9
Version: federal_register_of_legislation:F2022L00994
Segment Type: reg
Provision Reference: reg 9
Character Range: 5906–8083

9  Use of Part IA records
 (1) A person may only access, make a record of information in, disclose information in or otherwise use a Part 1A record, or part of a Part 1A record, in accordance with this section.
Note: Records kept under section 7 or 8 of this instrument are Part 1A records: see the definition of Part IA record in subsection 9JB(2) of the Act.

Personal use
 (2) A prescribed defence member may access, make a record of information in, disclose information in or otherwise use a Part 1A record, or part of a Part 1A record, that is about the member.

Use for functions, powers and duties under the Act
 (3) A person performing a function or duty or exercising a power under the Act may access, make a record of information in, disclose information in or otherwise use a Part 1A record, or part of a Part 1A record, only to the extent necessary to perform that function or duty or exercise that power.
Note: See also section 9EB of the Act which deals with the purposes for which a prescribed defence member is taken to have admitted committing a disciplinary infringement.

Other uses
 (4) A person referred to in an item of the following table may access, make a record of information in, disclose information in or otherwise use a Part 1A record, or part of a Part 1A record, that is about a prescribed defence member:
 (a) for a purpose referred to in that item; or
 (b) as required or permitted by law.
Note 1: The following are examples for the purposes of paragraph (b) of this subsection:
(a) disclosure may be required by Court order;
(b) the Privacy Act 1988 may require that a person be given access to personal information in a Part 1A record that is about the person.
Note 2: A person may have a number of capacities that are referred to in the table. The table applies to the person in respect of the capacity in which the person is accessing, making a record of information in, disclosing information in or otherwise using a Part 1A record or part of a Part 1A record.

Purposes
Item      Person                                                                                                                                              Purposes