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.