Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

 Download WordDownload Word  Download PDFDownload PDF 


Bill home page
Table Of Contents
Previous Fragment    Next Fragment
Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 15-2 Protection of information

Division 604 Protection of information

604-1   What this Part is about

This Part deals with the protection of information received by the Registrar and other persons under this Act from unauthorised use or disclosure.

Section 604-25 authorises particular uses or disclosures of protected information. These include a use or disclosure that is made for the purposes of this Act (for example, including particular information lodged with the Registrar in a publicly accessible register maintained by the Registrar under section 418-1).

604-5   Protected information

Information provided in confidence

             (1)  Information is protected information if the information is given to the Registrar or another person, in confidence, in connection with:

                     (a)  the performance of a function of the Registrar; or

                     (b)  the exercise of a power of the Registrar.

Other protected information

             (2)  Information is also protected information if:

                     (a)  the information:

                              (i)  is disclosed to, or obtained by, a person; or

                             (ii)  is included in a document given or produced to a person;

                            for the purposes of this Act; and

                     (b)  the information relates to the affairs of:

                              (i)  an Aboriginal and Torres Strait Islander corporation or a related body corporate; or

                             (ii)  an officer of an Aboriginal and Torres Strait Islander corporation or a related body corporate; or

                            (iii)  a member of an Aboriginal and Torres Strait Islander corporation or a related body corporate; or

                            (iv)  a person who has had, has or proposes to have, dealings with an Aboriginal and Torres Strait Islander corporation or a related body corporate.

Information is not protected information under this subsection, however, if the information has already been lawfully made available to the public from other sources.

             (3)  The references in paragraph (2)(b) to an Aboriginal and Torres Strait Islander corporation, or a related body corporate, include references to an Aboriginal and Torres Strait Islander corporation, or a related body corporate, that has ceased to exist.

604-10   Registrar’s obligations in relation to protected information

                   The Registrar must take all reasonable measures to protect protected information from unauthorised use or disclosure.

Note:          The Privacy Act 1988 also contains provisions relevant to the use and disclosure of information.

604-15   Special administrator’s obligations in relation to protected information

                   A special administrator for an Aboriginal and Torres Strait Islander corporation commits an offence if:

                     (a)  the person uses or discloses protected information; and

                     (b)  the use or disclosure is not an authorised use or disclosure.

Penalty:  Imprisonment for 2 years.

604-20   Consultant’s obligations in relation to protected information

                   A person engaged as a consultant under section 658-10 commits an offence if:

                     (a)  the person uses or discloses protected information; and

                     (b)  the use or disclosure is not an authorised use or disclosure.

Penalty:  Imprisonment for 2 years.

604-25   Authorised use or disclosure

             (1)  The use or disclosure of information is taken to be an authorised use or disclosure if the use or disclosure:

                     (a)  is made for the purposes of this Act; or

                     (b)  is required or authorised by a law of the Commonwealth, a State or a Territory.

             (2)  The use or disclosure of information is taken to be an authorised use or disclosure if the use or disclosure:

                     (a)  is made by the Registrar or a delegate of the Registrar in the course of:

                              (i)  the performance of a duty of the Registrar; or

                             (ii)  the exercise of a power of the Registrar; or

                     (b)  is made by a person engaged to assist the Registrar in the performance of his or her duties, or the exercise of his or her powers, and is made in the course of providing that assistance; or

                     (c)  is made by a special administrator of an Aboriginal and Torres Strait Islander corporation in the course of the performance of a function or duty, or the exercise of a power, as special administrator for the corporation.

             (3)  The disclosure of information is taken to be an authorised disclosure if the disclosure is made to the Minister.

             (4)  The disclosure of information is taken to be an authorised disclosure if it is made to any of the following:

                     (a)  ASIC for the purposes of carrying out its functions or exercising its powers;

                     (b)  an Agency Head of, or an APS employee in, an Agency (within the meaning of the Public Service Act 1999 ) which has provided, provides, or proposes to provide, funding to an Aboriginal and Torres Strait Islander corporation, for the purpose of administering that funding and related purposes;

                     (c)  a Chief Executive, or an officer or employee, of a prescribed Agency (within the meaning of the Financial Management and Accountability Act 1997 ) which has provided, provides, or proposes to provide funding to an Aboriginal and Torres Strait Islander corporation, for the purpose of administering that funding and related purposes;

                     (d)  the head (however described), or an officer or employee, of a Department of State of a State or Territory which has provided, provides, or proposes to provide, funding to an Aboriginal and Torres Strait Islander corporation, for the purpose of administering that funding and related purposes;

                     (e)  the head (however described) of a body established for a public purpose by or under a law of a State or Territory (including a local governing body) which has provided, provides, or proposes to provide, funding to an Aboriginal and Torres Strait Islander corporation, for the purpose of administering that funding and related purposes;

                      (f)  an Agency Head of, or an APS employee in, an Agency (within the meaning of the Public Service Act 1999 ) that is prescribed for the purposes of this paragraph for the purposes of performing the functions, or exercising the powers, of the Agency;

                     (g)  a Chief Executive, or an officer or employee, of a prescribed Agency (within the meaning of the Financial Management and Accountability Act 1997 ), if the prescribed Agency is also prescribed for the purposes of this paragraph, for the purposes of performing the functions, or exercising powers, conferred on the prescribed Agency by a law of the Commonwealth;

                     (h)  another person for the purposes of that other person performing functions, or exercising powers, under a prescribed Act;

                      (i)  the head (however described), or an officer or employee, of a prescribed Department of State of a State or Territory for the purposes of performing functions of the Department;

                      (j)  the head (however described) of a prescribed body established for a public purpose by or under a law of a State or Territory (including a local governing body) for the purposes of performing functions conferred on the body by a law of the State or Territory;

                     (k)  a prescribed professional disciplinary body for the purposes of performing one of its functions or exercising one of its powers;

                      (l)  a prescribed person or body for the prescribed purposes of the body or person.

             (5)  The Registrar may impose conditions to be complied with in relation to information disclosed under subsection (4).

             (6)  A person or body to whom information is disclosed under subsection (4) may use or disclose the information only:

                     (a)  for the purposes for which it was disclosed to the recipient; and

                     (b)  in accordance with any conditions imposed under subsection (5).

             (7)  The disclosure of:

                     (a)  a summary of protected information; or

                     (a)  statistics derived from protected information;

is an authorised disclosure of the information but only if the protected information relating to any particular person cannot be found out from those summaries or statistics.

             (8)  If the Registrar, or someone else, discloses information to a prescribed professional disciplinary body, in reliance on paragraph (4)(g), the body or member of the body:

                     (a)  must not disclose the information to any other person; and

                     (b)  must not use the information;

for any purpose other than for:

                     (c)  deciding whether or not to take disciplinary or other action; or

                     (d)  taking that action.

Penalty:  Imprisonment for 2 years.

             (9)  Regulations made for the purposes of this section may specify uses of information and disclosures of information that are authorised uses and authorised disclosures for the purposes of this section.

           (10)  The regulations cannot modify subsection (8).

           (11)  Nothing in any of the above subsections limits:

                     (a)  anything else in any of those subsections; or

                     (b)  what may otherwise constitute, for the purposes of this Part, authorised use or disclosure of information.