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##### <strong>42  Authorised use and disclosure—other person’s functions etc.</strong>

- \(1\) The Secretary, or an authorised APS employee, may:

    - \(a\) disclose protected information to a person mentioned in subsection&#160;\(2\); and

    - \(b\) make a record of or use protected information for the purpose of that disclosure;

    for the purposes of enabling or assisting the person to exercise his or her powers or perform his or her functions or duties\.

    Note:&#160;This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles\.

- \(2\) The persons to whom the Secretary, or an authorised APS employee, may disclose protected information are the following:

    - \(a\) a Minister of the Commonwealth who has responsibility for any of the following:

        - \(i\) national security;

        - \(ii\) law enforcement;

        - \(iii\) foreign investment in Australia;

        - \(iv\) taxation policy;

        - \(v\) industry policy;

        - \(vi\) promoting investment in Australia;

        - \(vii\) defence;

        - \(viia\) emergency management;

        - \(viii\) the regulation or oversight of the relevant critical infrastructure sector to which the protected information relates;

    - \(b\) a Minister of a State, the Australian Capital Territory, or the Northern Territory, who has responsibility for:

        - \(i\) law enforcement; or

        - \(ii\) emergency management; or

        - \(iii\) the regulation or oversight of the relevant critical infrastructure sector to which the protected information relates;

    - \(c\) a person employed as a member of staff of a Minister mentioned in paragraph&#160;\(a\) or \(b\);

    - \(d\) the head of an agency \(including a Department\) administered by a Minister mentioned in paragraph&#160;\(a\) or \(b\), or an officer or employee of that agency\.

- \(3\) An authorised APS employee may disclose protected information under this section, and make a record of or use protected information for the purpose of that disclosure, only if doing so is in accordance with an authorisation under section&#160;44A\.

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## Source and attribution

Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8

Scope: navPoint\_221

Compiled 2026\-06\-04\. This does not establish legal commencement\.

Official source: https://www\.legislation\.gov\.au/C2018A00029/2026\-06\-04/2026\-06\-04/text/1/epub/OEBPS/document\_1/document\_1\.html

Licence: https://creativecommons\.org/licenses/by/4\.0/

Based on content from the Federal Register of Legislation at 1 October 2026\. For the latest information on Australian Government legislation please go to https://www\.legislation\.gov\.au\.

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The Commonwealth Coat of Arms is not covered by the CC BY licence\.