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Part 3—Authorising collection, use and disclosure of identification information

Part 3 Authorising collection, use and disclosure of identification information

Division 1 Simplified outline

16   Simplified outline of this Part

The Department may collect identification information by means of the interoperability hub or NDLFRS for any of the following purposes:

       (a)     providing or developing identity-matching services for identity and community protection activities;

      (b)     developing, operating or maintaining the NDLFRS;

       (c)     protecting the identities of persons who have legally assumed identities or are under witness protection.

The Department may use or disclose for any of those purposes:

       (a)     information so collected (regardless of the purpose for which it was collected); and

      (b)     identification information generated by the NDLFRS.

For the purposes of State and Territory laws that limit disclosure of identification information by an authority of a State or Territory but have an exception for disclosure authorised by a Commonwealth law, this Part authorises such disclosure to the Department for inclusion of the information in the NDLFRS.

Division 2 Collection, use and disclosure of identification information by the Department

17   Collection of identification information by the Department

             (1)  The Department may collect identification information (whether or not it is sensitive information as defined in the Privacy Act 1988 ) about an individual from someone other than the individual, if the collection:

                     (a)  is by means of an electronic communication to the interoperability hub or the NDLFRS; and

                     (b)  is for a purpose described in subsection (2).

Note:          One effect of this section is that such collection of identification information is authorised for the purposes of provisions of Australian Privacy Principle 3 such as paragraph 3.4(a) (about sensitive information) and subparagraph 3.6(a)(ii) (about personal information).

             (2)  The purposes for which identification information may be collected under subsection (1) (or used or disclosed under section 18) are as follows:

                     (a)  providing an identity-matching service for the purpose of an identity or community protection activity;

                     (b)  developing identity-matching services, or facilities for providing those services, for the purpose of an identity or community protection activity;

                     (c)  developing, operating or maintaining the NDLFRS;

                     (d)  protecting:

                              (i)  an assumed identity acquired under Part IAC of the Crimes Act 1914 or a corresponding assumed identity law within the meaning of that Part; or

                             (ii)  the real identity of a person who has acquired an assumed identity as described in subparagraph (i);

                     (e)  protecting an identity (whether real or not) of a person to whom any of the following subparagraphs applies:

                              (i)  a witness identity protection certificate has been given for the person under Part IACA of the Crimes Act 1914 ;

                             (ii)  a corresponding witness identity protection certificate has been given for the person under a corresponding witness identity protection law within the meaning of that Part;

                            (iii)  the person is a participant as defined in the Witness Protection Act 1994 ;

                            (iv)  the person is or was on a witness protection program conducted by a State or Territory in which a complementary witness protection law (as defined in the Witness Protection Act 1994 ) is in force;

                             (v)  the person is involved in administering such a program under such a law and the person has acquired an identity under that law.

18   Use and disclosure of identification information by the Department

                   The Department may, for any purpose described in subsection 17(2), use or disclose identification information:

                     (a)  collected by means of an electronic communication to the interoperability hub or the NDLFRS; or

                     (b)  held in, or generated using, the NDLFRS.

Note 1:       One effect of this section is that such use or disclosure of identification information is authorised for the purposes of provisions of Australian Privacy Principle 6 such as paragraph 6.2(b) (use or disclosure of personal information authorised by law).

Note 2:       Although this section authorises the Department to disclose identification information, it does not authorise the recipient of the disclosure to collect the identification information disclosed. That collection must comply with all applicable laws.

Division 3 Disclosure of identification information by State and Territory authorities to the Department

19   Disclosure of identification information for inclusion in database in NDLFRS

             (1)  This section applies if a law of a State or Territory:

                     (a)  limits disclosure of some or all identification information by an authority of a State or Territory or by a body or person acting on behalf of such an authority; and

                     (b)  exempts from the limitation a disclosure authorised by a law of the Commonwealth.

             (2)  For the purposes of the exemption, the authority, body or person may disclose to the Department by electronic communication identification information about an individual for inclusion in the database mentioned in paragraph 15(a) (about the NDLFRS).