Commonwealth Consolidated Acts

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RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 149

Authorised uses and disclosures

  (1)   A person may use or disclose protected information if:

  (a)   the use or 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 Australian law; or

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

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

  (ii)   a law, of a State or Territory, that is prescribed by the rules; or

  (c)   the person referred to in paragraph   148(1)(c) has consented to the use or disclosure; or

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

  (e)   both:

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

  (ii)   the use or disclosure is made in accordance with any requirements prescribed by the rules; or

  (f)   both:

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

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

  (g)   both:

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

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

  (h)   both:

  (i)   the information used or 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.

  (2)   An instrument made under subparagraph   (1)(e)(i) certifying that a particular use or 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 use or disclosure is in the public interest is a legislative instrument.



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