151GAuthorisations to use or disclose ECS information

#### 151G Authorisations to use or disclose ECS information Use or disclosure in performing functions or exercising powers under this Act (1) The following persons (each an entrusted person) may use or disclose ECS information in performing functions or duties, or exercising powers, under or for the purposes of this Act: (a) the Minister; (b) the Secretary; (c) an APS employee in the Department; (d) an ACMA official (within the meaning of the Australian Communications and Media Authority Act 2005); (e) a contractor engaged to provide services to the Department or the ACMA for the purposes of this Act; (f) an officer or employee of such a contractor. > Note 1: A provision of this section constitutes an authorisation for the purposes of Part 13 of the Telecommunications Act 1997, the Privacy Act 1988 and other laws (including the common law). > Note 2: An authorisation in this section does not limit any other authorisation in this Division (see section 151H). Use or disclosure by ACMA in performing functions etc. in relation to ECS matters (2) The following persons may use or disclose ECS information in performing functions or duties, or exercising powers, relating to an ECS matter, under or for the purposes of an Act administered by the Minister: (a) an ACMA official (within the meaning of the Australian Communications and Media Authority Act 2005); (b) a contractor engaged to provide services to the ACMA for the purposes of this Act; (c) an officer or employee of such a contractor. Disclosure for purposes of proceedings (3) An entrusted person may disclose ECS information to a court or tribunal, or in accordance with an order of a court or tribunal, for the purposes of proceedings. Use or disclosure for purposes of enforcement‑related activity (4) An entrusted person may use ECS information, or disclose ECS information to: (a) an enforcement agency (within the meaning of the Telecommunications (Interception and Access) Act 1979); or (b) an enforcement body (within the meaning of the Privacy Act 1988); if the person reasonably believes that the use or disclosure is reasonably necessary for, or directly related to, one or more enforcement‑related activities (within the meaning of the Privacy Act 1988) being conducted by, or on behalf of, the enforcement agency or body. (5) The enforcement agency or body may use or disclose information disclosed under subsection (4) for the purposes of one or more enforcement‑related activities (within the meaning of the Privacy Act 1988) being conducted by, or on behalf of, that agency or body. Use or disclosure required or authorised by another Australian law (6) An entrusted person may use or disclose ECS information if the use or disclosure is required or authorised under a law of: (a) the Commonwealth (other than this Act); or (b) a State or Territory. Disclosure to person to whom information relates (7) An entrusted person may disclose ECS information to the person to whom the information relates. Use or disclosure with consent (8) An entrusted person (the first person) may use or disclose ECS information for a purpose if the person to whom the information relates has expressly consented to the first person using or disclosing the information for that purpose. Disclosure to person who provided information (9) An entrusted person may disclose ECS information to the person who provided the information. Use or disclosure of information that is already public (10) An entrusted person may use ECS information, or disclose ECS information to another person, if the information has already been lawfully made available to the public. Disclosure for purposes of preventing serious threat to safety, health or well‑being (11) An entrusted person may disclose ECS information if the disclosure is necessary to lessen or prevent a serious threat to the safety, health or well‑being of another person.