(1) For the purposes of subsection 34(4), a person may disclose protected information if:
(a) the disclosure is, or is a kind of disclosure, certified, in writing by the Secretary or the Chief Executive Medicare, to be in the public interest; and
(b) the disclosure is made in accordance with any requirements specified in the Dental Benefit Rules.
(2) An instrument made under paragraph (1)(a) is not a legislative instrument.