Document ID: chunk:federal_register_of_legislation:C2024C00841:section:34gf:p4
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 34GF (pt 4/4)
Character Range: 331578–334159

disclosure. The permission may be given either unconditionally or subject to specified conditions.
Note: The Director‑General may revoke or amend the permission: see subsection 33(3) of the Acts Interpretation Act 1901.
 (9) For the purposes of paragraph (i) of the definition of permitted disclosure in subsection (5), the Attorney‑General may, after obtaining advice from the Director‑General, give written permission for a disclosure. The permission may be given either unconditionally or subject to specified conditions.
Note: The Attorney‑General may, after obtaining advice from the Director‑General, revoke or amend the permission: see subsection 33(3) of the Acts Interpretation Act 1901.
 (10) In deciding whether to give permission to a person under subsection (6), (8) or (9), the prescribed authority, the Director‑General or the Attorney‑General (as the case requires) must take into account:
 (a) the person's family and employment interests, to the extent that the prescribed authority, the Director‑General or the Attorney‑General (as the case requires) is aware of those interests; and
 (b) the public interest; and
 (c) the risk to security if the permission were given; and
 (d) any submissions made by the person, the person's lawyer or the Organisation.
This subsection does not limit the matters that may be taken into account.
 (11) If a permission under subsection (6), (8) or (9) is given subject to a condition and the condition is not met, the permission is not in force.
 (12) Regulations made for the purposes of paragraph (j) of the definition of permitted disclosure in subsection (5) may prescribe a disclosure by reference to one or more of the following:
 (a) the person making the disclosure;
 (b) the person to whom the disclosure is made;
 (c) the circumstances in which the disclosure is made;
 (d) the purpose of the disclosure;
 (e) the nature of information disclosed;
 (f) an opinion of a specified person about the possible or likely effect of the disclosure.
This subsection does not limit the way in which such regulations may prescribe a disclosure.

Offences apply to original and previously disclosed information
 (13) To avoid doubt, subsections (1) and (2) apply whether or not the discloser has the information that the discloser discloses as a result of a disclosure by another person.

Relationship with other laws prohibiting disclosure
 (14) This section has effect in addition to, and does not limit, other laws of the Commonwealth that prohibit the disclosure of information.

Subdivision H—Complaints, reporting and records