42AUse and disclosure of information

#### 42A Use and disclosure of information Use of information (1) An APS employee in the Department may use information (including personal information) obtained under this Act for any purpose of this Act. Disclosure of information (2) The Secretary may disclose information (including personal information) obtained under this Act to: (a) a department of the Commonwealth, a State or a Territory; or (b) an agency, authority or instrumentality of the Commonwealth, a State or a Territory; or (c) a local government body; if the Secretary is satisfied that the disclosure of the information to that department, agency, authority, instrumentality or body is necessary for that department, agency, authority, instrumentality or body to perform or exercise any of its functions, duties or powers. (3) The Secretary may disclose information (including personal information) obtained under this Act to: (a) a department of the government of a foreign country; or (b) an agency, authority or instrumentality of the government of a foreign country; if the Secretary is satisfied that the disclosure of the information to that department, agency, authority or instrumentality is necessary for that department, agency, authority or instrumentality to perform or exercise any of its functions, duties or powers. (4) The Secretary must not disclose information under subsection (3) unless the Secretary is satisfied that the disclosure is in connection with food imported into Australia that the Secretary is satisfied may pose a risk to human health. (5) The Secretary must, in writing, make guidelines that the Secretary must have regard to before disclosing information under subsection (3). > Note: For variation and revocation of the guidelines, see subsection 33(3) of the Acts Interpretation Act 1901. (6) Before making the guidelines, the Secretary must consult the Information Commissioner. (7) The guidelines are not a legislative instrument. (8) The Secretary must publish the guidelines on the Department’s website. Interpretation (9) For the purposes of this section, if an application is taken to have been communicated to an authorised officer as mentioned in subsection 11(3), information contained in the application is taken to be information obtained under this Act. (10) This section does not limit section 35 (about publishing of information about overseas food processing operations). (11) This section does not limit the use or disclosure of information (including personal information) obtained under this Act. (12) In this section: > personal information has the same meaning as in the Privacy Act 1988.