123BAuthorisation of disclosures to foreign governments and separate government entities

#### 123B Authorisation of disclosures to foreign governments and separate government entities (1) A person may disclose protected information to a foreign government or a separate government entity in relation to a foreign country (or a part of a foreign country) if: (a) either: (i) the person discloses the information in performing the person’s functions or duties, or exercising the person’s powers, under this Act; or (ii) the person is satisfied the disclosure of the information will assist or enable the foreign government or separate government entity to perform a function or duty, or exercise a power, of the government or entity; and (b) the Treasurer is satisfied that the information relates to a matter in relation to which a national security risk may exist for Australia or the foreign country; and (c) the Treasurer is satisfied that the disclosure is not contrary to the national interest; and (d) the person is satisfied that the information will be used in accordance with an agreement to which subsection (2) applies; and (e) the foreign government or separate government entity has undertaken not to use or further disclose the information except in accordance with the agreement or otherwise as required or authorised by law. (2) This subsection applies to an agreement that is in force between: (a) the Commonwealth or a Department of State, authority or agency of the Commonwealth; and (b) one or more of the following: (i) a foreign government; (ii) a separate government entity. (3) The Treasurer may, by writing, impose conditions to be complied with by a foreign government or a separate government entity in relation to protected information disclosed to it under subsection (1). (4) An instrument under subsection (3) is not a legislative instrument.