Document ID: chunk:federal_register_of_legislation:C2004A00552:clause:4_27aa:p1
Version: federal_register_of_legislation:C2004A00552
Segment Type: clause
Provision Reference: sch 4 cl 27AA (pt 1/3)
Character Range: 45622–48232

27AA  Access by ASIO to FTR information

 (1) Despite anything in section 25, the Director may, in writing, authorise ASIO (see subsection (8)) to have access to FTR information for the purpose of performing its functions.

 (2) An authorisation under subsection (1) must state the FTR information, or the class of FTR information, to which ASIO is to have access.

 (3) If ASIO is authorised under subsection (1) to have access to FTR information, any ASIO officer (see subsection (8)) authorised by the Director‑General of Security (see subsection (8)) is entitled to access to that FTR information in accordance with the authorisation.

 (4) If a person who is an ASIO officer obtains FTR information under this section:
 (a) the person must not, while he or she is an ASIO officer, divulge or communicate the information except to:
 (i) a police officer (see subsection (8)) for the purposes of, or in connection with, the performance of that officer's duties; or
 (ii) an IGIS officer (see subsection (8)) for the purposes of, or in connection with, the performance of that officer's duties in relation to ASIO or employees of ASIO; or
 (iii) another ASIO officer for the purposes of, or in connection with, the performance of that officer's duties; and
 (b) the person must not, when he or she is no longer an ASIO officer, make a record of the information, or divulge or communicate the information, in any circumstances.

 (5) If a person who is an IGIS officer obtains FTR information under this section:
 (a) the person must not, while he or she is an IGIS officer, divulge or communicate the information except:
 (i) to another IGIS officer for the purposes of, or in connection with, the performance of that officer's duties in relation to ASIO or employees of ASIO; or
 (ii) to the Director‑General of Security in a draft report under section 21 of the Inspector‑General of Intelligence and Security Act 1986 (the IGIS Act) in relation to ASIO or employees of ASIO; or
 (iii) in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, in a report under section 22, or a written response to a complainant under section 23, of the IGIS Act in relation to ASIO or employees of ASIO; or
 (iv) to the Director‑General of Security in a report, in relation to ASIO or employees of ASIO, under section 25A of the IGIS Act; or
 (v) in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, in a report to the responsible Minister, in relation to ASIO or