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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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