Document ID: chunk:federal_register_of_legislation:C2007A00085:clause:3_155aaa:p1
Version: federal_register_of_legislation:C2007A00085
Segment Type: clause
Provision Reference: sch 3 cl 155AAA (pt 1/4)
Character Range: 54423–57421

155AAA  Protection of certain information

 (1) A Commission official must not disclose any protected information to any person except:
 (a) when the Commission official is performing duties or functions as a Commission official; or
 (b) when the Commission official or the Commission is required or permitted by:
 (i) this Act or any other law of the Commonwealth; or
 (ii) a prescribed law of a State or internal Territory;
  to disclose the information.

 (2) Subsection (1) does not allow a Commission official to disclose protected information when performing a function of the Commission described in section 28.

Disclosure to Ministers

 (3) A Commission official may disclose protected information to the designated Minister.

 (4) If protected information relates to a matter arising under:
 (a) a provision of this Act; or
 (b) a provision of another Act;
that is administered by a Minister other than the designated Minister, a Commission official may disclose the protected information to the other Minister.

 (5) Subsection (4) does not limit subsection (3).

Disclosure to Secretaries etc.

 (6) A Commission official may disclose protected information to:
 (a) the Secretary of the designated Department; or
 (b) an officer of the designated Department who is authorised by the Secretary of that Department, in writing, for the purposes of this subsection;
for the purpose of advising the designated Minister.

 (7) If protected information relates to a matter arising under:
 (a) a provision of this Act; or
 (b) a provision of another Act;
that is administered by a Minister other than the designated Minister, a Commission official may disclose the protected information to:
 (c) the Secretary of the Department that is administered by the other Minister; or
 (d) an officer of that Department who is authorised by the Secretary of that Department, in writing, for the purposes of this subsection;
for the purpose of advising the other Minister.

 (8) Subsection (7) does not limit subsection (6).

Disclosure to a Royal Commission

 (9) A Commission official may disclose protected information to a Royal Commission.

 (10) The Chairperson may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (9).

 (11) An instrument under subsection (10) is not a legislative instrument.

Disclosure to certain agencies, bodies and persons

 (12) If the Chairperson is satisfied that particular protected information will enable or assist any of the following agencies, bodies or persons:
 (a) the Australian Bureau of Statistics;
 (b) the Australian Communications and Media Authority;
 (c) the Australian Prudential Regulation Authority;
 (d) the Australian Securities and Investments Commission;
 (e) the National Competition Council;
 (f) the Productivity Commission;
 (g) any other agency within the meaning of the Freedom of Information Act 1982;
 (h) the Australian Statistician;
 (i) the Commissioner of Taxation;