Document ID: chunk:federal_register_of_legislation:C2024C00800:section:336f:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 336F (pt 1/3)
Character Range: 1047183–1049899

336F  Authorising disclosure of identifying information to foreign countries etc.
 (1) The Secretary or Australian Border Force Commissioner may, in writing, authorise a specified officer, or any officer included in a specified class of officers, to disclose identifying information of the kind specified in the authorisation to one or more of the following:
 (a) one or more specified foreign countries;
 (b) one or more specified bodies each of which is:
 (i) a police force or police service of a foreign country; or
 (ii) a law enforcement body of a foreign country (including a war crimes tribunal); or
 (iii) a border control body of a foreign country;
 (c) one or more specified international organisations, or specified organisations of foreign countries, that are responsible for the registration of people as part of refugee or humanitarian programs;
 (d) one or more prescribed bodies of a foreign country, of the Commonwealth or of a State or Territory;
 (e) one or more prescribed international organisations.
 (2) The Secretary or Australian Border Force Commissioner must specify in the authorisation, as the purpose or purposes for which disclosure is authorised, one or more of the purposes set out in subsection 5A(3).
 (3) A disclosure is taken not to be authorised under this section if:
 (a) the person to whom the identifying information relates is:
 (i) an applicant for a protection visa; or
 (ii) an unauthorised maritime arrival who makes a claim for protection as a refugee; or
 (iii) an unauthorised maritime arrival who makes a claim for protection on the basis that the person will suffer significant harm; and
 (b) the disclosure is to a foreign country in respect of which the application or claim is made, or a body of such a country.
 (4) A disclosure is taken not to be authorised under this section if:
 (a) the person to whom the identifying information relates is:
 (i) an applicant for a protection visa; or
 (ii) an unauthorised maritime arrival who makes a claim for protection as a refugee; or
 (iii) an unauthorised maritime arrival who makes a claim for protection on the basis that the person will suffer significant harm; and
 (b) the officer making the disclosure is not reasonably satisfied that the country or body to which the disclosure is made will not disclose the identifying information to a foreign country in respect of which the application or claim is made, or a body of such a country.
 (5) However, if:
 (a) the person to whom the identifying information relates has requested or agreed to return to the foreign country in respect of which the application or claim is made; or
 (b) the person is an applicant for a protection visa, and the application has