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AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY ACT 2005 - SECT 59D Disclosure to certain authorities

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY ACT 2005 - SECT 59D

Disclosure to certain authorities

  (1)   An ACMA official authorised by the Chair, in writing, for the purposes of this section may disclose authorised disclosure information to any of the following authorities if the Chair is satisfied that the information will enable or assist the authority to perform or exercise any of its functions or powers:

  (a)   the Australian Bureau of Statistics;

  (b)   the Australian Competition and Consumer Commission;

  (c)   the Australian Prudential Regulation Authority;

  (d)   the Australian Securities and Investments Commission;

  (e)   the Commissioner of Taxation;

  (f)   the Secretary of the Department administered by the Minister administering the Foreign Acquisitions and Takeovers Act 1975 or an APS employee in that Department whose duties relate to that Act;

  (g)   the Secretary of the Department administered by the Minister administering the Classification (Publications, Films and Computer Games) Act 1995 or an APS employee in that Department whose duties relate to that Act;

  (ga)   the Secretary of the Department administered by the Minister administering the Migration Act 1958 or an APS employee in that Department whose duties relate to that Act;

  (h)   the Secretary of the Department administered by the Minister administering the Telecommunications (Interception and Access) Act 1979 or an APS employee in that Department whose duties relate to telecommunications or law enforcement;

  (i)   the Australian Federal Police;

  (j)   the Director of Public Prosecutions;

  (k)   the Australian Security Intelligence Organisation;

  (ka)   the Australian Signals Directorate;

  (l)   an authority of a State or Territory responsible for enforcing one or more laws of the State or Territory;

  (la)   the eSafety Commissioner;

  (m)   the Regional Telecommunications Independent Review Committee;

  (n)   the Telecommunications Industry Ombudsman;

  (na)   the Secretary of the Department administered by the Minister administering Part   2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or an APS employee in that Department whose duties relate to that Part;

  (o)   an authority of a foreign country responsible for regulating matters relating to communications or media (including, for example, matters relating to broadcasting or the internet);

  (p)   an authority of a foreign country responsible for regulating matters relating to the provision of gambling services;

  (q)   a non - corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) not otherwise covered by this subsection that is responsible for enforcing one or more laws of the Commonwealth.

  (1A)   Subsection   (1) does not authorise the disclosure of information to an authority mentioned in paragraph   (1)(ga) or (p) unless the information relates to:

  (a)   a prohibited interactive gambling service; or

  (b)   a regulated interactive gambling service.

  (2)   The Chair may, by writing, impose conditions to be complied with in relation to authorised disclosure information disclosed under subsection   (1).

  (3)   An instrument made under subsection   (2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument.

  (4)   Otherwise, an instrument made under subsection   (2) is a legislative instrument.