Document ID: chunk:federal_register_of_legislation:C2012C00820:clause:1_43a
Version: federal_register_of_legislation:C2012C00820
Segment Type: clause
Provision Reference: sch 1 cl 43A
Character Range: 42988–45050

43A  Multiple secrecy provisions

Scope
 (1) This section applies to particular information if:
 (a) the information is subject to a regulatory regime under a designated program Act (the first program Act); and
 (b) the information is also subject to a regulatory regime under another designated program Act (the second program Act).
For the purposes of this subsection, in determining whether particular information is subject to a regulatory regime under a designated program Act, disregard whether the information is subject to a regulatory regime under any other designated program Act.

Disclosure or use of information etc.
 (2) If:
 (a) the Secretary, the Chief Executive Medicare or a Departmental employee:
 (i) discloses the information; or
 (ii) uses the information; or
 (iii) makes a record of the information; and
 (b) the Secretary, the Chief Executive Medicare or the Departmental employee, as the case may be, does so without contravening the first program Act;
the disclosure, use, or making of the record, as the case may be, does not contravene the second program Act.

Definitions
 (3) In this section:
designated program Act means:
 (a) the A New Tax System (Family Assistance) (Administration) Act 1999; or
 (b) the Aged Care Act 1997; or
 (c) the Child Support (Assessment) Act 1989; or
 (d) the Child Support (Registration and Collection) Act 1988; or
 (e) the Dental Benefits Act 2008; or
 (f) the Disability Services Act 1986; or
 (g) the Health Insurance Act 1973; or
 (h) the Medical Indemnity Act 2002; or
 (i) the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010; or
 (j) the National Health Act 1953; or
 (k) the Paid Parental Leave Act 2010; or
 (l) the Private Health Insurance Act 2007; or
 (m) the Social Security (Administration) Act 1999; or
 (n) the Student Assistance Act 1973; or
 (o) an Act specified in a legislative instrument made by the Minister for the purposes of this paragraph.
disclose means disclose, divulge or communicate.

Part 2—Transitional provisions

Division 1—Introduction