Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 33A

Commissioner may share information with other authorities

             (1)  Subject to subsections (3) and (4), the Commissioner may share information or documents with a body covered by subsection (2) (a receiving body ):

                     (a)  for the purpose of the Commissioner exercising powers, or performing functions or duties, under this Act; or

                     (b)  for the purpose of the receiving body exercising its powers, or performing its functions or duties.

             (2)  The following bodies are covered by this subsection:

                     (a)  an enforcement body;

                     (b)  an alternative complaint body;

                     (c)  a State or Territory authority, or an authority of the government of a foreign country, that has functions to protect the privacy of individuals (whether or not the authority has other functions).

             (3)  The Commissioner may only share information or documents with a receiving body under this section if:

                     (a)  the information or documents were acquired by the Commissioner in the course of exercising powers, or performing functions or duties, under this Act; and

                     (b)  the Commissioner is satisfied on reasonable grounds that the receiving body has satisfactory arrangements in place for protecting the information or documents.

             (4)  If the Commissioner acquired the information or documents from an agency, the Commissioner may only share the information or documents with a receiving body under this section if the receiving body is an agency.

             (5)  If information is shared with a receiving body under this section, the receiving body may use the information only for the purposes for which it was shared.

             (6)  To avoid doubt, the Commissioner may share information or documents with a receiving body under this section whether or not the Commissioner is transferring a complaint or part of a complaint to the body.



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