24Disclosure to certain agencies, bodies or persons

24 Disclosure to certain agencies, bodies or persons

(1) The Secretary may disclose: (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or (b) protected information that is statistical information to a body referred to in paragraph (2)(e); if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties. (2) The agencies, bodies and persons to which protected information may be disclosed under this section are the following: (a) the Australian Competition and Consumer Commission; (b) the Commissioner of Taxation; (c) an agency or authority of the Commonwealth prescribed by the rules; (d) a State or Territory government, agency or authority prescribed by the rules; (e) the International Energy Agency or any other international energy security body prescribed by the rules. (3) The Secretary may, in writing, authorise an entrusted person to disclose: (a) protected information to an agency, body or person referred to in paragraph (2)(a), (b), (c) or (d); or (b) protected information that is statistical information to a body referred to in paragraph (2)(e); if the Secretary reasonably believes that the information will enable or assist the agency, body or person to exercise its powers, or perform its functions or duties. (4) If an entrusted person is authorised to disclose information under subsection (3), that person may disclose the information. (5) An entrusted person may: (a) make a record of protected information; or (b) use protected information; for the purpose of disclosing protected information under subsection (1) or (4). Conditions (6) The Secretary may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1) or (4), other than information disclosed to the Australian Competition and Consumer Commission. (7) A person commits an offence if: (a) the person is subject to a condition under subsection (6); and (b) the person engages in conduct; and (c) the person’s conduct breaches the condition.

Penalty: Imprisonment for 2 years.

(8) An instrument under subsection (6) is not a legislative instrument. Protected information disclosed to the Australian Competition and Consumer Commission (9) Protected information disclosed under subsection (1) or (4) to the Australian Competition and Consumer Commission is taken, for the purposes of Part VIIA of the Competition and Consumer Act 2010, to be protected information within the meaning of section 95ZP of that Act.