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AUSTRALIAN POSTAL CORPORATION ACT 1989 - SECT 90K

Extra situations in which use or disclosure is permitted if information or document is not specially protected

Application of section

  (1)   This section only applies to the use or disclosure of the information or document if it is not specially protected.

Disclosure to assist in notification of next of kin

  (2)   The person may disclose the information or document to an officer or employee of a police force or service, fire service, ambulance service or other organisation providing emergency services if the person believes, on reasonable grounds, that the disclosure is necessary to assist in the notification of the next of kin of a person who is seriously injured or who has died.

Note:   See also subsection   (6).

Disclosure to customs officers

  (3)   The person may disclose the information or document to a customs officer if:

  (a)   the person is an authorised discloser; and

  (b)   there are reasonable grounds for believing that the information or document relates to anything:

  (i)   on which customs duty is payable; or

  (ii)   the importation of which into Australia is a taxable importation on which GST is payable; or

  (iia)   on which wine tax is payable; or

  (iii)   that is being carried in contravention of a law of the Commonwealth relating to importing things into, or exporting things from, Australia.

Disclosure to authorised ASIO officers

  (4)   The person may disclose the information or document to an authorised ASIO officer if the person is an authorised discloser.

Disclosure for the enforcement of laws or protection of public revenue

  (5)   The person may disclose the information or document if:

  (a)   the person is an authorised discloser; and

  (b)   the disclosure is reasonably necessary for:

  (i)   the enforcement of the criminal law; or

  (ii)   the enforcement of a law imposing a pecuniary penalty; or

  (iii)   the protection of the public revenue.

Next of kin

  (6)   In determining for the purposes of subsection   (2) whether a person is next of kin of another person, the following persons are also to be taken into account:

  (a)   a   de   facto   partner of the person within the meaning of the Acts Interpretation Act 1901 ;

  (b)   someone who is the child of the person, or of whom the person is the child, because of subsection   (7);

  (c)   anyone else who would be a relative of the person because someone mentioned in paragraph   (a) or (b) is taken into account.

  (7)   For the purposes of paragraph   (6)(b), someone is the child of a person because of this subsection if he or she is a child of the person within the meaning of the Family Law Act 1975 .



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