Commonwealth Consolidated Acts

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FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 120

Meaning of protected information

  (1)   Information is protected information if the information is obtained under, in accordance with or for the purposes of this Act, except:

  (a)   information specified in an exemption certificate given under:

  (i)   section   57 (exemption certificates for new dwellings); or

  (ii)   regulations made for the purposes of section   63; or

  (b)   subject to subsection   (2), information that is:

  (i)   obtained by a person appointed to a position in the Australian Taxation Office, or a person engaged under the Public Service Act 1999 who is employed in the Australian Taxation Office; and

  (ii)   obtained under, in accordance with or for the purposes of this Act as a result of a delegation or subdelegation under section   137, or a request under subsection   138(4).

Note:   Information mentioned in paragraph   (b) is protected under Division   355 in Schedule   1 to the Taxation Administration Act 1953 .

  (2)   If:

  (a)   information is mentioned in paragraph   (1)(b); and

  (b)   the information is disclosed under Subdivision   355 - B in Schedule   1 to the Taxation Administration Act 1953 ; and

  (c)   the disclosure is made to:

  (i)   the Secretary; or

  (ii)   a person appointed or engaged under the Public Service Act 1999 who is employed in the Department; or

  (iii)   a person appointed by the Commonwealth for the purposes of this Act;

the information mentioned in paragraph   (1)(b) is protected information in relation to further uses, disclosures or records made of the information that arise from the disclosure mentioned in paragraph   (b) of this subsection.


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