Document ID: chunk:federal_register_of_legislation:C2025C00095:section:35:p2
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 35 (pt 2/4)
Character Range: 345850–348657

as set out in subparagraph (i) or (ia)—with the consent of the person who gave the information.
 (3A) Subsection (2) does not prevent an officer from divulging or communicating IPO information to an IGIS official if:
 (a) the information is relevant to the functions or powers of the Inspector‑General of Intelligence and Security; and
 (b) the Ombudsman is satisfied on reasonable grounds that the Inspector‑General of Intelligence and Security has satisfactory arrangements in place for protecting the information.
 (3B) Subsection (2) does not prevent an officer from divulging or communicating IPO information to an Australian Designated Authority official if:
 (a) the information is relevant to the Australian Designated Authority's functions or powers under Schedule 1 to the Telecommunications (Interception and Access) Act 1979; and
 (b) the Ombudsman is satisfied on reasonable grounds that the Australian Designated Authority has satisfactory arrangements in place for protecting the information.
 (3C) Subsection (2) does not prevent an officer from divulging or communicating information if doing so in accordance with an authorisation under section 21AZG.
 (4) Subject to subsection (5), subsection (2) does not prevent the Ombudsman or a Deputy Ombudsman from disclosing, in a report made under this Act, such matters as, in his or her opinion, ought to be disclosed in the course of setting out the grounds for the findings, conclusions and recommendations contained in the report.
 (5) Where the Attorney‑General furnishes to the Ombudsman a certificate in writing certifying that:
 (a) the disclosure of information or documents concerning a specified matter or matters included in a specified class of matters; or
 (b) the disclosure of a specified document or of documents included in a specified class of documents;
would, for a reason specified in the certificate, being a reason referred to in paragraph 9(3)(a), (b), (c), (d) or (e), be contrary to the public interest, an officer shall not, either directly or indirectly and either while he or she is, or after he or she ceases to be, an officer, except as provided in subsection (6):
 (c) divulge or communicate to any person any information acquired by him or her under the provisions of this Act concerning such a matter or such a document;
 (d) divulge or communicate any of the contents of such a document to any person; or
 (e) furnish such a document, or a copy of, or an extract from, such a document, to any person.
Penalty: Imprisonment for 2 years.
 (6) Subsection (5) does not prevent an officer, in the performance of his or her duties as an officer:
 (a) from divulging or communicating information referred to in that subsection to another officer;
 (b) from furnishing any of the contents of, a copy of or an extract