35Restriction on disclosure of information by Commissioner

#### 35 Restriction on disclosure of information by Commissioner 35 Restriction on disclosure of information by Commissioner > > (1) The Commissioner must not, in the exercise of functions under this Act, disclose any information for which there is (or for which an agency claims there is) an overriding public interest against disclosure, as provided by the GIPA Act, unless the disclosure is authorised under this Division. > > > (1A) Despite subsection (1), the Commissioner may, in the exercise of functions under this Act, disclose— > > > > > (a) identifying information, if the information is disclosed for a reason mentioned in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), section 64(2), or > > > > > (b) information authorised or required to be disclosed by or under the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014). > > > (2) Despite section 91 of the GIPA Act, the Commissioner may disclose information to the Privacy Commissioner in the course of consulting with the Privacy Commissioner under section 94 of the GIPA Act before making a recommendation against a decision of an agency that there is an overriding public interest against disclosure of the information. > > > (3) In this section— > > > > identifying information has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), section 64. > > **s 35:** Am 2012 No 60, Sch 7; 2022 No 14, Sch 8.8\[1\] \[2\].