42  Authorised use and disclosure—other person’s functions etc.
(1)

The Secretary, or an authorised APS employee, may:

(a)

disclose protected information to a person mentioned in subsection (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: 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 (a) or (b);

(d)

the head of an agency (including a Department) administered by a Minister mentioned in paragraph (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 44A.