229Authorisations to record or disclose information

#### 229 Authorisations to record or disclose information Purposes connected with functions, powers and duties of Commissioner or Inspector (1) A person may make a record of information, or disclose information, if: (a) the person obtained the information: (i) because of the person being an entrusted person; or (ii) in the course of carrying out the person’s duties as an entrusted person; and (b) the person makes the record, or discloses the information, for purposes connected with the exercise of the powers, or the performance of the functions or duties, of the Commissioner or the Inspector under this Act; and (c) for a disclosure: (i) the disclosure is not a disclosure to the public, or a section of the public, of the whole or part of a protected information report, or information contained in such a report; and (ii) the disclosure is not prevented by subsection (7), (9) or (10). > Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code. Disclosure to a Commonwealth agency or a State or Territory government entity (2) An authorised discloser may disclose information to the head of a Commonwealth agency, or of a State or Territory government entity, if: (a) the authorised discloser is satisfied that, having regard to the functions of the person or entity concerned, it is appropriate to do so; and (b) the disclosure is not prevented by subsection (7), (9) or (10). > Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. Disclosure between the Commissioner and the Inspector (3) The Commissioner and the Inspector may disclose information to each other if: (a) the Commissioner or Inspector (as the case requires) is satisfied that it is appropriate to do so; and (b) the disclosure is not prevented by subsection (9) or (10). > Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code. Disclosure required by another Commonwealth law (4) A person may disclose information if: (a) the disclosure is required under another law of the Commonwealth; and (b) the disclosure is not prevented by subsection (9). > Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code. Disclosure to protect life or physical safety (5) An authorised discloser may disclose information to a particular person if the authorised discloser is satisfied that it is necessary to do so in order to protect that or another person’s life or physical safety. > Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code. Disclosure of publicly available information (6) A person may make a record of information, or disclose information, if the information has already been lawfully made available to the public. Restrictions on authorisations to disclose (7) For the purposes of subsections (1) and (2), this subsection prevents a disclosure if the disclosure would contravene a certificate issued under section 235, unless the disclosure is made to an IGIS official. (8) A person must notify the Attorney‑General if the person intends to make a disclosure to an IGIS official, under subsection (1), (2) or (4), that would contravene a certificate issued under section 235. (9) For the purposes of subsections (1) to (4), this subsection prevents a disclosure if the disclosure would be inconsistent with an arrangement entered into under section 239. (10) For the purposes of subsections (1) to (3), this subsection prevents a disclosure of investigation material or derivative material unless the disclosure: (a) is in accordance with any direction in effect under subsection 100(1) (directions about use or disclosure of investigation material); and (b) complies with Subdivision B of Division 4 of Part 7 (use and disclosure of investigation material). Relationship to other provisions (11) Except as provided by subsections (7), (9) and (10), this section has effect despite any other provision of this Act.