149Authorised uses and disclosures

149 Authorised uses and disclosures

(1) A person may use or disclose protected information if: (a) the use or disclosure is made for the purposes of: (i) performing a duty or function, or exercising a power, under or in relation to this Act; or (ii) enabling another person to perform duties or functions, or exercise powers, under or in relation to this Act; or (iii) assisting in the administration or enforcement of another Australian law; or (b) the use or disclosure is required or authorised by or under: (i) a Commonwealth law (including this Act); or (ii) a law, of a State or Territory, that is prescribed by the rules; or (c) the person referred to in paragraph 148(1)(c) has consented to the use or disclosure; or (d) at the time of the use or disclosure, the protected information is already lawfully publicly available; or (e) both: (i) the use or disclosure is, or is a kind of use or disclosure that is, certified in writing by the Minister to be in the public interest; and (ii) the use or disclosure is made in accordance with any requirements prescribed by the rules; or (f) both: (i) the person believes on reasonable grounds that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and (ii) the use or disclosure is for the purposes of preventing or lessening that threat; or (g) both: (i) the person believes on reasonable grounds that the use or disclosure is necessary to prevent or lessen a serious threat to environmental health; and (ii) the use or disclosure is for the purposes of preventing or lessening that threat; or (h) both: (i) the information used or disclosed is a summary of, or statistics derived from, protected information; and (ii) the information is not likely to enable the identification of a person. (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular use or disclosure is in the public interest is not a legislative instrument. (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of use or disclosure is in the public interest is a legislative instrument.