Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:5_208:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 5 cl 208 (pt 1/2)
Character Range: 848832–851473

208  Disclosure of information by Secretary
 (1) Despite sections 204 and 207, the Secretary may:
 (a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases—disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under the social security law to such persons and for such purposes as the Secretary determines; or
 (b) disclose any such information:
 (i) to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or
 (ii) to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it; or
 (iii) to a competent authority or competent institution of a foreign country that is a party to a scheduled international social security agreement for any purpose relating to giving effect to that agreement; or
 (iv) to the Chief Executive Centrelink for the purposes of a centrelink program; or
 (v) to the Chief Executive Medicare for the purposes of a medicare program.
 (2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 209.
 (3) In disclosing information under subparagraph (1)(b)(i), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 209.
 (3A) In spite of any other provision of this Part, the Secretary may disclose information of a kind referred to in paragraph (a) or (b) of the definition of protected information in subsection 23(1) of the 1991 Act to a person who is the payment nominee or correspondence nominee, within the meaning of Part 3A, of the person to whom the information relates (the principal) as if the nominee were the principal.
 (4) If an expression used in subsection (1) in relation to a foreign country is defined in a scheduled international social security agreement to which that country is a party, the expression has the same meaning, when used in this section, in relation to that country as it has in the agreement.
 (5) If:
 (a) the Secretary or an officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and
 (b) in order to comply with the summons, notice or requirement, the Secretary or officer would be required to disclose information that is protected information;
then, despite sections 204 and 207 of this Act, the Secretary or officer must, subject to the Royal