Document ID: chunk:federal_register_of_legislation:C2025C00099:section:109a:p2
Version: federal_register_of_legislation:C2025C00099
Segment Type: section
Provision Reference: s 109A (pt 2/2)
Character Range: 218681–220472

a policy, guideline or instrument.

Constitutional limits on rules
 (4) If the rules make provision for the disclosure of de‑identified data or health information obtained by using or gaining access to the My Health Record system, the rules must have the effect that the data or information is to be disclosed only:
 (a) by means of a postal, telegraphic, telephonic or other like service; or
 (b) by or to a corporation to which paragraph 51(xx) of the Constitution applies; or
 (c) by or to a person within a Territory or a place acquired by the Commonwealth for a public purpose; or
 (d) by or to the Commonwealth or an authority of the Commonwealth.
 (5) The rules may make other provision in relation to de‑identified data or health information only:
 (a) to ensure that collection, use and disclosure of data or information does not result in an interference with privacy of the kind the Commonwealth has international obligations to protect against, including under the International Covenant on Civil and Political Rights (in particular Article 17 of the Covenant); or
Note: The text of the Covenant is set out in Australian Treaty Series 1980 No. 23 ([1980] ATS 23). In 2018, a text of a Covenant in the Australian Treaties Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
 (b) for purposes related to collecting, preparing, analysing or publishing statistics; or
 (c) by providing for data or information to be collected from or by, used by or disclosed by or to, any of the following:
 (i) a corporation to which paragraph 51(xx) of the Constitution applies;
 (ii) a person within a Territory or a place acquired by the Commonwealth for a public purpose;
 (iii) the Commonwealth or an authority of the Commonwealth.