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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 227

Key concepts

Authorised disclosers

  (1)   Each of the following is an authorised discloser :

  (a)   the Commissioner;

  (b)   the Inspector.

Entrusted persons

  (2)   A person is an entrusted person if the person is:

  (a)   a staff member of the NACC; or

  (b)   the Inspector; or

  (c)   a person assisting the Inspector (see section   195).

Sensitive information

  (3)   Sensitive information is information the disclosure of which:

  (a)   could prejudice the security, defence or international relations of Australia; or

  (b)   would prejudice relations between:

  (i)   the Commonwealth Government and the Government of a State or Territory; or

  (ii)   the Government of a State or Territory and the Government of another State or Territory; or

  (c)   would involve disclosing:

  (i)   deliberations or decisions of the Cabinet, or of any committee of the Cabinet, of the Commonwealth or of a State; or

  (ii)   deliberations or advice of the Federal Executive Council or the Executive Council of a State or the Northern Territory; or

  (iii)   deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or

  (d)   could reveal, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to:

  (i)   the enforcement of the criminal law of the Commonwealth, a State or Territory or a foreign country; or

  (ii)   a NACC Act process; or

  (e)   could reveal, or enable a person to ascertain, the identity of a person who is, or has been, a staff member of:

  (i)   the Australian Security Intelligence Organisation; or

  (ii)   the Australian Secret Intelligence Service; or

  (f)   could reveal, or enable a person to ascertain, the identity of a person who is, or has been, an agent of:

  (i)   the Australian Security Intelligence Organisation; or

  (ii)   the Australian Secret Intelligence Service; or

  (iii)   the Australian Geospatial - Intelligence Organisation; or

  (iv)   the Australian Signals Directorate; or

  (g)   could reveal information:

  (i)   about the capabilities of, or information sources or operational activities or methods available to, a law enforcement agency, intelligence agency or the Australian Defence Force; or

  (ii)   about particular operations that have been, are being or are proposed to be undertaken by a law enforcement agency, intelligence agency or the Australian Defence Force, or about proceedings relating to those operations; or

  (iii)   provided by, or on behalf of, the government of a foreign country, an authority of the government of a foreign country or an international organisation, where that government or organisation does not consent to the public disclosure of the information; or

  (h)   would prejudice the proper performance of the functions of the IGIS; or

  (i)   could endanger a person's life or physical safety; or

  (j)   could prejudice the protection of public safety; or

  (k)   would prejudice the fair trial of any person or the impartial adjudication of a matter; or

  (l)   would prejudice the proper enforcement of the law (including through corruption investigations, NACC corruption investigations or NACC complaint investigations); or

  (m)   would involve disclosing information whose disclosure is prohibited (absolutely or subject to qualifications) by or under another law of the Commonwealth; or

  (n)   would involve unreasonably disclosing a person's personal affairs; or

  (o)   would involve unreasonably disclosing confidential commercial information.



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