Commonwealth Consolidated Acts

AUSTRALIAN BORDER FORCE ACT 2015 - SECT 45

Immigration and Border Protection information that is not personal information

  (1)   An entrusted person authorised under subsection   (3) may disclose Immigration and Border Protection information that does not contain personal information, to a foreign country, an agency or authority of a foreign country or a public international organisation if:

  (a)   the Secretary is satisfied that the information will be used in accordance with an agreement to which subsection   (4) applies; and

  (b)   that foreign country, agency, authority or organisation has undertaken not to use or further disclose the information except in accordance with the agreement or otherwise as required or authorised by law.

Immigration and Border Protection information that is personal information

  (2)   An entrusted person authorised under subsection   (3) may disclose Immigration and Border Protection information that contains personal information, to a foreign country, an agency or authority of a foreign country or a public international organisation for a purpose mentioned in section   46 if:

  (a)   the Secretary is satisfied that the information will be used in accordance with an agreement to which subsection   (4) applies; and

  (b)   the Secretary is satisfied that the disclosure of that information to that foreign country, agency, authority or organisation is necessary for the purpose mentioned in section   46; and

  (c)   that foreign country, agency, authority or organisation has undertaken not to use or further disclose the information except in accordance with the agreement or otherwise as required or authorised by law.

Authorisation

  (3)   The Secretary may, by writing, authorise an entrusted person for the purposes of subsections   (1) and (2).

Agreements

  (4)   This subsection applies to an agreement that is in force between:

  (a)   the Commonwealth or an agency or authority of the Commonwealth; and

  (b)   one or more of the following:

  (i)   a foreign country;

  (ii)   an agency or authority of a foreign country;

  (iii)   a public international organisation.

Conditions

  (5)   The Secretary may, by writing, impose conditions to be complied with by a foreign country, an agency or authority of a foreign country or a public international organisation in relation to Immigration and Border Protection information disclosed to it under subsection   (1) or (2).

Instruments are not legislative instruments

  (6)   An instrument under subsection   (3) or (5) is not a legislative instrument.