Australian Postal Corporation and Other Legislation Amendment Act 2024 (61 of 2024)
Schedule 1 Amendments
Australian Postal Corporation Act 1989
25 Sections 90J and 90K
Repeal the sections, substitute:
90J Permitted use or disclosure in performance of duties
The person may use or disclose the information or document in the performance of duties as an employee of Australia Post.
90JA Permitted disclosure under warrant
The person may disclose the information or document as required by or under a warrant issued under a law of the Commonwealth or of a State or Territory.
90JB Permitted disclosure as a witness
The person may disclose the information or document as a witness summonsed to give evidence, or to produce documents, in a court.
90JC Permitted disclosure under law
Commonwealth law
(1) The person may disclose the information or document as required by or under a law of the Commonwealth.
State or Territory laws
(2) The person may disclose the information or document as required by or under:
(a) the Independent Commission Against Corruption Act 1988 (NSW); or
(b) the Crime Commission Act 2012 (NSW); or
(c) the Law Enforcement Conduct Commission Act 2016 (NSW); or
(d) the Independent Broad-based Anti-corruption Commission Act 2011 (Vic.); or
(e) the Crime and Corruption Act 2001 (Qld); or
(f) the Corruption, Crime and Misconduct Act 2003 (WA); or
(g) the Independent Commission Against Corruption Act 2012 (SA); or
(h) the Integrity Commission Act 2009 (Tas.); or
(i) the Integrity Commission Act 2018 (ACT); or
(j) the Independent Commissioner Against Corruption Act 2017 (NT); or
(k) any other prescribed law of a State or Territory that establishes a Commission or other body to conduct investigations or inquiries.
Australian Crime Commission legislation
(3) The person may disclose the information or document as required by or under a law of a State if the Australian Crime Commission performs a duty or function, or exercises a power, under that law in accordance with section 55A of the Australian Crime Commission Act 2002.
90JD Permitted disclosure to various persons
(1) The person may disclose the information or document to any of the following persons (each of whom is a recipient ) if the person is satisfied that the information or document will enable or assist the recipient to exercise any of the powers, or perform any of the functions or duties, of the recipient:
(a) the Secretary of the Department;
(b) an AFP appointee (within the meaning of the Australian Federal Police Act 1979);
(c) a member of the police force or police service of a State or Territory;
(d) the Director of Public Prosecutions or a member of the staff of the Office of the Director of Public Prosecutions;
(e) the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC;
(f) an AUSTRAC entrusted person;
(g) the Secretary of the Department administered by the Minister administering the Migration Act 1958 or an APS employee in that Department;
(h) a person covered by paragraph (b), (c), (d), (e) or (f) of the definition of entrusted person in subsection 9(1) of the Biosecurity Act 2015;
(i) the Secretary of the Department administered by the Minister administering the Imported Food Control Act 1992 or an APS employee in that Department;
(j) the Secretary of the Department administered by the Minister administering the Commerce (Trade Descriptions) Act 1905 or an APS employee in that Department;
(k) the Secretary of the Department administered by the Minister administering the Aviation Transport Security Act 2004 or an APS employee in that Department;
(l) the Inspector of Transport Security or a person who is assisting the Inspector of Transport Security in the performance of the Inspector of Transport Security's functions;
(m) the Secretary of the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 or an APS employee in that Department;
(n) the Secretary of the Department administered by the Minister administering the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 or an APS employee in that Department;
(o) the Chief Executive Officer of Sport Integrity Australia or a member of the staff of Sport Integrity Australia;
(p) the Commissioner of Taxation or a taxation officer;
(q) an officer or employee of a consumer protection agency;
(r) an officer or employee of an agency or authority of the Commonwealth, a State or a Territory, being an agency or authority determined in an instrument under subsection (2).
(2) The Secretary of the Department may, by legislative instrument, determine an agency or authority of the Commonwealth, a State or a Territory for the purposes of paragraph (1)(r).
(3) The Secretary of the Department may, by written instrument given to a recipient, impose conditions to be complied with by the recipient in relation to information or a document disclosed to the recipient under subsection (1).
(4) An instrument made under subsection (3) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument.
(5) Otherwise, an instrument made under subsection (3) is a legislative instrument.
Customs officers
(6) The person may disclose the information or document to a customs officer if the person is satisfied that the information or document will enable or assist the customs officer to exercise any of the powers, or perform any of the functions or duties, of the customs officer.
Authorised ASIO officers
(7) Subject to section 27 of the ASIO Act, the person may disclose the information or document to an authorised ASIO officer if the person reasonably suspects that the information or document is or may be relevant to security within the meaning of the ASIO Act.
90JE Permitted disclosure to reduce threat to life or health
The person may disclose the information or document to an officer or employee of a police force or service, fire service, ambulance service or other organisation providing emergency services if the person reasonably believes that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person.
90JF Permitted disclosure for purposes of law enforcement or protection of public revenue
The person may disclose the information or document if the person reasonably believes that the disclosure of the information or document is necessary for:
(a) the enforcement of the criminal law; or
(b) the enforcement of a law imposing a pecuniary penalty; or
(c) the protection of the public revenue.
90JG Permitted disclosure under Universal Postal Union instrument
The person may disclose the information or document if the disclosure is in circumstances permitted under a UPU instrument and in accordance with that instrument.
90JH Permitted disclosure to assist in notification of next of kin
(1) The person may disclose the information or document to an officer or employee of a police force or service, fire service, ambulance service or other organisation providing emergency services if the person reasonably believes that the disclosure is necessary to assist in the notification of the next of kin of a person who is seriously injured or who has died.
(2) In determining for the purposes of subsection (1) whether a person is next of kin of another person, the following persons are also to be taken into account:
(a) a de facto partner of the person within the meaning of the Acts Interpretation Act 1901;
(b) someone who is the child of the person, or of whom the person is the child, because of subsection (3);
(c) anyone else who would be a relative of the person because someone mentioned in paragraph (a) or (b) is taken into account.
(3) For the purposes of paragraph (2)(b), a person (the first person ) is the child of another person because of this subsection if the first person is a child of the other person within the meaning of the Family Law Act 1975.