43E  Authorised disclosure of protected information by the entity to whom the information relates
(1)

An entity may disclose protected information if:

(a)

the entity is the entity to whom the protected information relates; and

(b)

the entity discloses the protected information to:

(i)

a Minister of the Commonwealth who has responsibility for emergency management or for the regulation or oversight of the relevant critical infrastructure sector to which the protected information relates;

(ii)

a Minister of a State, the Australian Capital Territory, or the Northern Territory, who has responsibility for emergency management or for the regulation or oversight of the relevant critical infrastructure sector to which the protected information relates;

(iii)

a person employed as a member of staff of a Minister mentioned in subparagraph (i) or (ii);

(iv)

the head of an agency (including a Department) administered by a Minister mentioned in subparagraph (i) or (ii), or an officer or employee of that agency; and

(c)

the disclosure to the person mentioned in paragraph (b) is for the purposes of enabling or assisting the person to exercise the person’s powers or perform the person’s functions or duties.

Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.

(2)

An entity may disclose protected information if:

(a)

the entity is the entity to whom the protected information relates; and

(b)

the Secretary has consented, in writing, to the disclosure; and

(c)

if the Secretary’s consent is subject to one or more conditions—those conditions are satisfied.

Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.