Document ID: chunk:federal_register_of_legislation:F2018L01114:reg:13
Version: federal_register_of_legislation:F2018L01114
Segment Type: reg
Provision Reference: reg 13
Character Range: 7365–9698

13  Disclosure with consent
 (1) Information relating to an individual or organisation may be:
 (a) published or disseminated; or
 (b) if the Statistician has been given an undertaking in relation to the information that complies with subsection (4) — disclosed on a confidential basis,
if consent to the disclosure of the information has been given in accordance with subsection (2).
 (2) Consent is given in accordance with this subsection if the consent:
 (a) has been given by:
 (i) if the information relates to an individual — the individual; or
 (ii) if the information relates to an organisation — a responsible officer of the organisation; and
 (b) specifies each of the following:
 (i) the type of information to be disclosed;
 (ii) whether the information is to be published or disseminated or is to be disclosed on a confidential basis;
 (iii) if the information is to be disclosed on a confidential basis — the name of the individual or organisation to which the information is to be disclosed and the purposes for which the information may be used;
 (iv) if the information is to be disclosed on a continuing basis — the arrangements for renewal or cancellation of consent.
 (3) Despite consent being given in accordance with subsection (2), information to which that consent relates may not be disclosed if, in conjunction with other information released by the Statistician, the disclosure would be likely to enable the identification of a particular individual or organisation that has not also consented to the disclosure of information.
 (4) An undertaking complies with this subsection if the undertaking specifies that the individual or organisation covered by the undertaking:
 (a) will use the information only for specified purposes; and
 (b) will not disclose the information in any form which, in conjunction with other information released by the recipient, or proposed to be released by the recipient, would be likely to enable the identification of the particular individual or organisation to which the information relates; and
 (c) will comply with any other condition that the Statistician considers to be reasonably necessary in a particular case.
Note:  It is an offence to fail to comply with an undertaking that is given under a provision of this Determination (see subsection 19(3) of the Act).