Crimes Act 1914
Part VIID
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Collecting, using and disclosing personal information that may be relevant for integrity purposes
SECTION 86E
Disclosure of personal information to target entity for integrity purpose
(1)
This section applies if a law of the Commonwealth or of a State or Territory:
(a) limits disclosure of some or all personal information by a person, body or authority (however described); and
(b) exempts from the limitation a disclosure authorised by a law of the Commonwealth.
(2)
For the purposes of the exemption, the person, body or authority may disclose to a target entity for an integrity purpose personal information that the person, body or authority reasonably believes is related to one or more of the target entity ' s functions or activities.
(3)
Subsection (2) applies to a disclosure by a target entity other than the Australian Federal Police only if it is made for the target entity by a person who is authorised to make disclosures for integrity purposes by:
(a) the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) of the entity, if it is a Commonwealth entity; or
(b) the entity or its principal executive (within the meaning of the Privacy Act 1988 ), if it is a Privacy Act agency other than a Commonwealth entity; or
(c) a director of the entity, if it is a wholly owned Commonwealth company.
View history note
Hide history noteThis section applies if a law of the Commonwealth or of a State or Territory:
(a) limits disclosure of some or all personal information by a person, body or authority (however described); and
(b) exempts from the limitation a disclosure authorised by a law of the Commonwealth.
Note: Australian Privacy Principle 6 is an example of such a law of the Commonwealth. The Principle prohibits an APP entity from disclosing personal information for a purpose other than the one for which the entity collected the information, unless the disclosure is authorised under an Australian law or certain other exceptions apply.
(2)
For the purposes of the exemption, the person, body or authority may disclose to a target entity for an integrity purpose personal information that the person, body or authority reasonably believes is related to one or more of the target entity ' s functions or activities.
Limit on subsection (2) for disclosures by target entity
(3)
Subsection (2) applies to a disclosure by a target entity other than the Australian Federal Police only if it is made for the target entity by a person who is authorised to make disclosures for integrity purposes by:
(a) the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) of the entity, if it is a Commonwealth entity; or
(b) the entity or its principal executive (within the meaning of the Privacy Act 1988 ), if it is a Privacy Act agency other than a Commonwealth entity; or
(c) a director of the entity, if it is a wholly owned Commonwealth company.
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