Document ID: chunk:federal_register_of_legislation:F2018L00464:reg:16:p2
Version: federal_register_of_legislation:F2018L00464
Segment Type: reg
Provision Reference: reg 16 (pt 2/8)
Character Range: 3629–6298

a situation may be unable to give notice of his or her circumstances because of:
 (i) age; or
 (ii) disability; or
 (iii) social, cultural, family or other reasons.

         Part 2 Guidelines — public interest certificate (general)

7 When public interest certificate may be given
 (1) The Secretary may only give a public interest certificate for the disclosure of information under this Part if:
 (a) the information cannot reasonably be obtained from a source other than the Department; and
 (b) the person to whom the information will be disclosed has sufficient interest in the information; and
 (c) the Secretary is satisfied that the disclosure is for the purpose of section 8, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 or subsection 14(1) or (2).
 (2) A person has sufficient interest in the information if:
 (a) the Secretary is satisfied that, in relation to the purpose of the disclosure, the person has a genuine and legitimate interest in the information; or
 (b) the person is a Minister.
 (3) A public interest certificate can be given on the basis of the ground described in section 9 in any case where the Secretary considers doing so is in the public interest without any other limitation under this instrument.

8 Threat to life, health or welfare
  Information may be disclosed for the purpose of this section if the disclosure is necessary to prevent, or lessen, a threat to the life, health or welfare of a person.

9 Enforcement related activities
  Information may be disclosed for the purpose of this section if the disclosure would facilitate an enforcement related activity (within the meaning of the Privacy Act 1988) and where the disclosure is made to either of the following bodies:
 (a) a Department, agency or authority of the Commonwealth, a State or a Territory;
 (b) an enforcement body (within the meaning of the Privacy Act 1988).

10 Proceeds of crime order
     (1)   Information may be disclosed to a Commonwealth, State or Territory law enforcement agency for the purpose of this section if the disclosure is necessary for:
 (a) the making, or proposed or possible making, of a proceeds of crime order; or
 (b) supporting or enforcing a proceeds of crime order.
 (2) In this section proceeds of crime order means:
 (a) an order under:
 (i) Chapter 2 (the confiscation scheme) or Division 1, Part 3-1 of Chapter 3 (examination orders) of the Proceeds of Crime Act 2002; or
 (ii) Part II (confiscation) or III (control of property liable to confiscation) of the Proceeds of Crime Act 1987; or
 (iii) a State law or Territory law corresponding to a law referred to in subparagraph (i) or (ii); or
 (iv) Division 3