44Disclosure to certain bodies and persons

#### 44 Disclosure to certain bodies and persons Immigration and Border Protection information that is not personal information (1) An entrusted person authorised under subsection (3) may disclose Immigration and Border Protection information that does not contain personal information, to a body or person mentioned in subsection (4) if: (a) the Secretary is satisfied that the information will enable or assist that body or person to perform or exercise any of the functions, duties or powers of that body or person; and (b) if, under subsection (6), that body or person is required to comply with a condition before the disclosure of the information—that body or person has complied with that condition. Immigration and Border Protection information that is personal information (2) An entrusted person authorised under subsection (3) may disclose Immigration and Border Protection information that contains personal information, to a body or person mentioned in subsection (4) for a purpose mentioned in section 46 if: (a) the Secretary is satisfied that the information will enable or assist that body or person to perform or exercise any of the functions, duties or powers of that body or person; and (b) the Secretary is satisfied that the disclosure of the information to that body or person is necessary for the purpose mentioned in section 46; and (c) if, under subsection (6), that body or person is required to comply with a condition before the disclosure of the information—that body or person has complied with that condition. Authorisation (3) The Secretary may, by writing, authorise an entrusted person for the purposes of subsections (1) and (2). Bodies and persons (4) For the purposes of subsections (1) and (2), the bodies and persons are the following: (a) a Department, agency or authority of the Commonwealth, a State or a Territory; (b) the Australian Federal Police; (c) a police force or police service of a State or Territory; (d) a coroner; (e) any other person who holds an office or appointment under a law of the Commonwealth, a State or a Territory; (f) any other body or person prescribed by the rules for the purposes of this paragraph. (5) Paragraph (4)(f) does not apply in relation to a foreign country, an agency or authority of a foreign country or a public international organisation. Conditions (6) The Secretary may, by writing, impose conditions to be complied with by a body or person: (a) before Immigration and Border Protection information is disclosed to that body or person under subsection (1) or (2); or (b) in relation to Immigration and Border Protection information disclosed to that body or person under subsection (1) or (2). Instruments are not legislative instruments (7) An instrument under subsection (3) or (6) is not a legislative instrument.