Document ID: chunk:federal_register_of_legislation:C2024C00639:section:149
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 149
Character Range: 221283–223433

149  Authorised uses and disclosures
 (1) A person may use or disclose protected information if:
 (a) the use or disclosure is made for the purposes of:
 (i) performing a duty or function, or exercising a power, under or in relation to this Act; or
 (ii) enabling another person to perform duties or functions, or exercise powers, under or in relation to this Act; or
 (iii) assisting in the administration or enforcement of another Australian law; or
 (b) the use or disclosure is required or authorised by or under:
 (i) a Commonwealth law (including this Act); or
 (ii) a law, of a State or Territory, that is prescribed by the rules; or
 (c) the person referred to in paragraph 148(1)(c) has consented to the use or disclosure; or
 (d) at the time of the use or disclosure, the protected information is already lawfully publicly available; or
 (e) both:
 (i) the use or disclosure is, or is a kind of use or disclosure that is, certified in writing by the Minister to be in the public interest; and
 (ii) the use or disclosure is made in accordance with any requirements prescribed by the rules; or
 (f) both:
 (i) the person believes on reasonable grounds that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and
 (ii) the use or disclosure is for the purposes of preventing or lessening that threat; or
 (g) both:
 (i) the person believes on reasonable grounds that the use or disclosure is necessary to prevent or lessen a serious threat to environmental health; and
 (ii) the use or disclosure is for the purposes of preventing or lessening that threat; or
 (h) both:
 (i) the information used or disclosed is a summary of, or statistics derived from, protected information; and
 (ii) the information is not likely to enable the identification of a person.
 (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular use or disclosure is in the public interest is not a legislative instrument.
 (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of use or disclosure is in the public interest is a legislative instrument.