New South Wales Consolidated Acts

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PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 23A

Exemptions relating to ASIO

23A Exemptions relating to ASIO

(1) A public sector agency is not required to comply with section 13 or 14 if compliance would reveal to the public that ASIO had requested, or been provided with, information about a person.
(2) A public sector agency is not required to comply with section 18 if--
(a) the disclosure of the information concerned has been requested by the Director-General of ASIO for a purpose connected with the exercise of ASIO's functions under the Australian Security Intelligence Organisation Act 1979 of the Commonwealth, and
(b) the information is disclosed to an officer or employee of ASIO who is authorised in writing by the Director-General to receive the information, and
(c) the authorised officer or employee certifies in writing that the information sought is reasonably necessary for ASIO to exercise its functions under the Australian Security Intelligence Organisation Act 1979 of the Commonwealth.
(3) To avoid doubt, this section permits (but does not require) a public sector agency to disclose any information requested by the Director-General of ASIO.
(4) The Minister may enter into arrangements with the Director-General of ASIO concerning the provision of reports by the Director-General to the Minister concerning requests for information from public sector agencies made by the Director-General.
(5) The regulations may make provision for or with respect to the tabling of such reports (or parts of such reports) in Parliament, including authorising the Minister to omit information in the reports that is confidential.
(6) In this section--

"ASIO" means the Australian Security Intelligence Organisation continued in existence by the Australian Security Intelligence Organisation Act 1979 of the Commonwealth.



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