Commonwealth Consolidated Acts

GREENHOUSE AND ENERGY MINIMUM STANDARDS ACT 2012 - SECT 170

  (1)   A person may disclose protected information if:

  (a)   the disclosure is made for the purposes of:

  (i)   performing a duty or function, or exercising a power, under or in relation to this Act; or

  (ii)   enabling another person to perform duties or functions, or exercise powers, under or in relation to this Act; or

  (iii)   assisting in the administration or enforcement of another law of the Commonwealth, a State, a Territory or a foreign jurisdiction relating to standards for products that use energy, or affect the amount of energy used by another product; or

  (iv)   assisting in the development of standards for products that use energy, or affect the amount of energy used by another product, or standards for testing such products (whether or not those standards are to be requirements of a law of the Commonwealth, a State, a Territory or a foreign jurisdiction); or

  (b)   the disclosure is required or authorised by or under:

  (i)   a law of the Commonwealth (including this Act); or

  (ii)   a law, of a State or Territory, that is prescribed by the regulations for the purposes of this subparagraph; or

  (c)   the disclosure is expressly or impliedly authorised by the third person referred to in paragraph   169(1)(c); or

  (d)   at the time of the disclosure, the protected information is already publicly available; or

  (e)   both:

  (i)   the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and

  (ii)   the disclosure is made in accordance with any requirements specified in the regulations; or

  (f)   both:

  (i)   the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and

  (ii)   the disclosure is for the purposes of preventing or lessening that threat; or

  (g)   both:

  (i)   the information disclosed is a summary of, or statistics derived from, protected information; and

  (ii)   the information is not likely to enable the identification of a person.

Note:   The expression this Act has an extended meaning (see the Dictionary in section   5).

  (2)   An instrument made under subparagraph   (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.

  (3)   An instrument made under subparagraph   (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.