Document ID: chunk:federal_register_of_legislation:C2008C00476:clause:3_168
Version: federal_register_of_legislation:C2008C00476
Segment Type: clause
Provision Reference: sch 3 cl 168
Character Range: 205020–207448

168  Subsections 16(4), (5), (6), (7) and (8)
Repeal the subsections, substitute:

Body corporate may consent to disclosure

 (3G) If the CEO is satisfied that the principal officer of, or a person authorised to act on behalf of, a body corporate has consented to the disclosure to a person of information or a class of information (not including personal information) about the body, the CEO may authorise, in writing, the disclosure of the information to the person.

Government agencies, foreign countries or international organisations may consent to disclosure

 (3H) If the CEO is satisfied that a Commonwealth agency, State agency, a foreign country, an instrumentality or agency of a foreign country or an international organisation has consented to the disclosure to a person of information or a class of information (not including personal information) about the agency, country, instrumentality or organisation, the CEO may authorise, in writing, the disclosure of the information to the person.

Disclosure of personal information

 (7) If:
 (a) apart from this subsection, a person is authorised by this section to carry out an act referred to in paragraph (2)(b) because of the operation of subsection (3A), (3B), (3C) or (3D); and
 (b) the act involves the disclosure by the person to someone else of information (including a class of information) that contains personal information;
then, despite the above provisions of this section, the person is not to be taken to be authorised by this section to carry out the act unless:
 (c) the person to whom the information relates has consented to the disclosure; or
 (d) the following apply:
 (i) in the case of any disclosure of information—the disclosure complies with subsection (8);
 (ii) in the case of a disclosure of a class of information—the disclosure also complies with subsection (10).

Requirements applicable to disclosure of personal information

 (8) This subsection is complied with in relation to the disclosure of information as referred to in subparagraph (7)(d)(i) if:
 (a) the CEO is satisfied that the disclosure is necessary for a permissible purpose referred to in a paragraph of subsection (9); and
 (b) the purpose is specified as a purpose for which the disclosure is authorised to be made in an authorisation under subsection (3A), (3B), (3C) or (3D) that applies to the disclosure; and
 (c) the disclosure is made for that purpose.