A New Tax System (Family Assistance) (Administration) Act 1999

PART 6 - PROVISIONS RELATING TO INFORMATION  

Division 2 - Confidentiality  

SECTION 168   Disclosure of information by Secretary  

168(1)    
Despite sections 164 and 167 , the Secretary may:

(a)    if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases - disclose information acquired by an officer in the exercise of the officer's powers, or the performance of the officer's duties or functions, under the family assistance law to such persons and for such purposes as the Secretary determines; or

(b)    

disclose any such information:

(i) to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or

(ii) to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it; or

(iii) to the Chief Executive Centrelink for the purposes of a centrelink program; or

(iv) to the Chief Executive Medicare for the purposes of a medicare program.

168(2)    

In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 169 .

168(3)    

In disclosing information under paragraph (1)(b), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 169 .

168(4)    

In spite of any other provision of this Part, the Secretary may disclose information of a kind referred to in paragraph (a) or (b) of the definition of protected information in subsection 3(1) to a person who is the payment nominee or correspondence nominee, within the meaning of Part 8B, of the person to whom the information relates (the principal ) as if the nominee were the principal.

168(5)    

If:

(a)    the Secretary or an officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902 ; and

(b)    in order to comply with the summons, notice or requirement, the Secretary or officer would be required to disclose information that is protected information;

then, despite sections 164 and 167 of this Act, the Secretary or officer must, subject to the Royal Commissions Act 1902 , disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.