Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p1
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/14)
Character Range: 1638479–1641287

4                                                                       one of the purposes specified in column 3 of item 6 of the table in subsection 355‑70(1)  one of the other purposes specified in column 3 of item 6 of that table.

355‑180  Exception—on‑disclosure to Ministers in relation to statutory powers or functions
  Section 355‑155 does not apply if:
 (a) the information was originally disclosed under an exception in Subdivision 355‑B for a purpose specified in that exception (the original purpose); and
 (b) the record is made for, or the disclosure is to, a Minister who has a statutory power or function in relation to the original purpose; and
 (c) the record or disclosure is for the purpose of enabling the Minister to:
 (i) decide whether to exercise the power or perform the function; or
 (ii) exercise the power or perform the function.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.

355‑181  Exception—on‑disclosure to Ministers in relation to breach of confidence and related matters
  Section 355‑155 does not apply if:
 (a) the entity is the Secretary of the Department or an SES employee of the Department authorised by the Secretary for the purposes of this section (the first entity); and
 (b) the information was obtained by the first entity under the exception in subsection 355‑65(1) operating in relation to item 14 in the table in subsection 355‑65(8); and
 (c) the record is made for, or the disclosure is to, the Minister or the *Finance Minister; and
 (d) the record or disclosure is for the purpose of providing advice to the Minister or the Finance Minister in relation to:
 (i) a breach, or a suspected breach, of an obligation of confidence by another entity (the second entity) against the Commonwealth or a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); or
 (ii) any proposed measure or action directed at dealing with such a breach or suspected breach.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.

355‑182  Exception—on‑disclosure of certain information to Commonwealth Ombudsman
 (1) Section 355‑155 does not apply if:
 (a) the entity is an officer of an *Australian government agency; and
 (b) the information was acquired by the entity under the exception in subsection 355‑65(1) operating in relation to item 10 in the table in subsection 355‑65(2); and
 (c) the record is made for, or the disclosure is to:
 (i) the Commonwealth Ombudsman or a Deputy Commonwealth Ombudsman; or
 (ii) a member of staff referred to in subsection 31(1) of the Ombudsman Act 1976; and
 (d) the record or disclosure is for the purpose of