Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 26WP

Secrecy provisions

  (1)   For the purposes of this section, secrecy provision means a provision that:

  (a)   is a provision of a law of the Commonwealth (other than this Act); and

  (b)   prohibits or regulates the use or disclosure of information.

  (2)   If compliance by an entity with subparagraph   26WK(2)(a)(ii) in relation to a statement would, to any extent, be inconsistent with a secrecy provision (other than a prescribed secrecy provision), subsection   26WK(2) does not apply to the entity, in relation to the statement, to the extent of the inconsistency.

  (3)   If compliance by an entity with section   26WL in relation to a statement would, to any extent, be inconsistent with a secrecy provision (other than a prescribed secrecy provision), section   26WL does not apply to the entity, in relation to the statement, to the extent of the inconsistency.

Prescribed secrecy provisions

  (4)   For the purposes of this section, prescribed secrecy provision means a secrecy provision that is specified in the regulations.

  (5)   For the purposes of a prescribed secrecy provision:

  (a)   subparagraph   26WK(2)(a)(ii); and

  (b)   section   26WL;

are taken not to be provisions that require or authorise the use or disclosure of information.

  (6)   If compliance by an entity with subparagraph   26WK(2)(a)(ii) in relation to a statement would, to any extent, be inconsistent with a prescribed secrecy provision, subsection   26WK(2) does not apply to the entity in relation to the statement.

  (7)   If compliance by an entity with section   26WL in relation to a statement would, to any extent, be inconsistent with a prescribed secrecy provision, section   26WL does not apply to the entity in relation to the statement.