Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 15 - ADMINISTRATION  

PART 15-2 - PROTECTION OF INFORMATION  

Division 604 - Protection of Information  

SECTION 604-25   AUTHORISED USE OR DISCLOSURE  

604-25(1)    
The use or disclosure of protected information is taken to be an authorised use or disclosure if the use or disclosure:

(a)    is made for the purposes of this Act; or

(b)    is required or authorised by a law of the Commonwealth, a State or a Territory.

604-25(2)    
The use or disclosure of protected information is taken to be an authorised use or disclosure if the use or disclosure:

(a)    is made by the Registrar or a delegate of the Registrar in the course of:

(i) the performance of a duty of the Registrar; or

(ii) the exercise of a power of the Registrar; or

(b)    is made by a person engaged to assist the Registrar in the performance of his or her duties, or the exercise of his or her powers, and is made in the course of providing that assistance; or

(c)    is made by a special administrator of an Aboriginal and Torres Strait Islander corporation in the course of the performance of a function or duty, or the exercise of a power, as special administrator for the corporation.

604-25(3)    
The disclosure of protected information is taken to be an authorised disclosure if the disclosure is made to the Minister.

604-25(4)    
The disclosure of protected information is taken to be an authorised disclosure if it is made to any of the following:

(a)    ASIC for the purposes of carrying out its functions or exercising its powers;

(b)    an Agency Head of, or an APS employee in, an Agency (within the meaning of the Public Service Act 1999 ) which has provided, provides, or proposes to provide, funding to an Aboriginal and Torres Strait Islander corporation, for the purpose of administering that funding and related purposes;

(c)    

an accountable authority, a member of an accountable authority or any other official (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) of a non-corporate Commonwealth entity (within the meaning of that Act) which has provided, provides, or proposes to provide funding to an Aboriginal and Torres Strait Islander corporation, for the purpose of administering that funding and related purposes;

(d)    the head (however described), or an officer or employee, of a Department of State of a State or Territory which has provided, provides, or proposes to provide, funding to an Aboriginal and Torres Strait Islander corporation, for the purpose of administering that funding and related purposes;

(e)    the head (however described), or an officer or employee, of a body established for a public purpose by or under a law of a State or Territory (including a local governing body) which has provided, provides, or proposes to provide, funding to an Aboriginal and Torres Strait Islander corporation, for the purpose of administering that funding and related purposes;

(f)    an Agency Head of, or an APS employee in, an Agency (within the meaning of the Public Service Act 1999 ) that is prescribed for the purposes of this paragraph for the purposes of performing the functions, or exercising the powers, of the Agency;

(g)    

an accountable authority, a member of an accountable authority or any other official (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) of a non-corporate Commonwealth entity (within the meaning of that Act) if the entity is prescribed for the purposes of this paragraph, for the purposes of performing the functions, or exercising the powers, conferred on the entity by a law of the Commonwealth;

(h)    another person for the purposes of that other person performing functions, or exercising powers, under a prescribed Act;

(i)    the head (however described), or an officer or employee, of a prescribed Department of State of a State or Territory for the purposes of performing functions of the Department;

(j)    the head (however described), or an officer or employee, of a prescribed body established for a public purpose by or under a law of a State or Territory (including a local governing body) for the purposes of performing functions conferred on the body by a law of the State or Territory;

(k)    a prescribed professional disciplinary body for the purposes of performing one of its functions or exercising one of its powers;

(l)    a prescribed person or body for the prescribed purposes of the body or person.

604-25(5)    
The Registrar may impose conditions to be complied with in relation to protected information disclosed under subsection (4) .

604-25(6)    
A person or body to whom protected information is disclosed under subsection (4) may use or disclose the information only:

(a)    for the purposes for which it was disclosed to the recipient; and

(b)    in accordance with any conditions imposed under subsection (5) .

604-25(7)    
The disclosure of:

(a)    a summary of protected information; or

(a)    statistics derived from protected information;

is an authorised disclosure of the information but only if the protected information relating to any particular person cannot be found out from those summaries or statistics.

604-25(8)    
If the Registrar, or someone else, discloses protected information to a prescribed professional disciplinary body, in reliance on paragraph (4)(g) , the body or member of the body:

(a)    must not disclose the information to any other person; and

(b)    must not use the information; for any purpose other than for:

(c)    deciding whether or not to take disciplinary or other action; or

(d)    taking that action.

Penalty: Imprisonment for 2 years.

604-25(9)    
Regulations made for the purposes of this section may specify uses of information and disclosures of protected information that are authorised uses and authorised disclosures for the purposes of this section.

604-25(10)    
The regulations cannot modify subsection (8) .

604-25(11)    
Nothing in any of the above subsections limits:

(a)    anything else in any of those subsections; or

(b)    what may otherwise constitute, for the purposes of this Part, authorised use or disclosure of protected information.