355Secretary’s certificate

#### 355 Secretary’s certificate Secretary may disclose information (1) Despite sections 353 and 354, the Secretary may: (a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases—disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under this Act to any persons and for any purposes that the Secretary determines; or (b) disclose any such information: (i) to the Secretary of a Department of State of the Commonwealth for the purposes of that Department; or (ii) to the head of an authority of the Commonwealth for the purposes of that authority; or (d) disclose any such information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it. > Note: A person to whom information is disclosed may commit an offence if the person uses the information without authority (see section 353). Secretary to act according to guidelines (2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 356. Disclosure to be in accordance with guidelines (3) In disclosing information under paragraph (1)(b), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 356.