Commonwealth Consolidated Acts

NATIONAL RECONSTRUCTION FUND CORPORATION ACT 2023 - SECT 85

Information other than national security information or sensitive financial intelligence information

  (1)   A Corporation official may disclose official information to an agency, body or person specified in subsection   (2) if:

  (a)   the disclosure will:

  (i)   facilitate the performance of the Corporation's investment functions; or

  (ii)   enable or assist the agency, body or person to perform or exercise any of the functions or powers of the agency, body or person; and

  (b)   the information is not:

  (i)   national security information; or

  (ii)   sensitive financial intelligence information.

  (2)   For the purposes of subsection   (1), the agencies, bodies and persons are the following:

  (a)   a subsidiary of the Corporation;

  (b)   the Australian Bureau of Statistics;

  (c)   an APS employee in a Department;

  (d)   the government of a State or Territory;

  (e)   a prescribed agency, body or person.

National security information and sensitive financial intelligence information

  (3)   A Corporation official may disclose official information to an agency, body or person specified in subsection   (4) if:

  (a)   the disclosure will:

  (i)   facilitate the performance of the Corporation's investment functions; or

  (ii)   enable or assist the agency, body or person to perform or exercise any of the functions or powers of the agency, body or person; or

  (iii)   if the disclosure is to a staff member of a national security agency--enable or assist the agency to perform or exercise any of the functions or powers of the national security agency; and

  (b)   the information is:

  (i)   national security information; or

  (ii)   sensitive financial intelligence information.

  (4)   For the purposes of subsection   (3), the agencies, bodies and persons are the following:

  (a)   a Minister of the Commonwealth who has responsibility for national security;

  (b)   the Minister administering this Act;

  (c)   the Finance Minister;

  (d)   a person who:

  (i)   is a person employed, under the Members of Parliament (Staff) Act 1984 , as a personal employee of a Minister mentioned in paragraph   (a), (b) or (c); and

  (ii)   holds an appropriate security clearance;

  (e)   the Secretary of a Department administered by a Minister mentioned in paragraph   (a), (b) or (c);

  (f)   a national security agency;

  (g)   a person who:

  (i)   is a staff member of a national security agency; and

  (ii)   holds an appropriate security clearance;

  (h)   a prescribed agency, body or person.