FAMILY ASSISTANCE AND OTHER LEGISLATION AMENDMENT (CHILD CARE AND OTHER MEASURES) ACT 2011 - SCHEDULE 4 Protected information
FAMILY ASSISTANCE AND OTHER LEGISLATION AMENDMENT (CHILD CARE AND OTHER MEASURES) ACT 2011 - SCHEDULE 4
Protected information
1 Subsection 41(2A)
Omit "a determination in force under subparagraph 169(1)(a)(i)", substitute "guidelines in force under paragraph 169(a)".
2 Subsection 41(3A)
Omit "a determination in force under subparagraph 209(1)(a)(i)", substitute "guidelines in force under paragraph 209(a)".
A New Tax System (Family Assistance) (Administration) Act 1999
3 After subsection 161(1)
Insert:
State and Territory laws
(1A) Nothing in this Division prevents a person from disclosing information to another person if the information is disclosed for the purposes of:
(a) the Education and Care Services National Law applying as a law of a State or Territory; or
(b) a law of a State or Territory that applies the Education and Care Services National Law as a law of that State or Territory (whether or not that law has commenced); or
(c) regulations made under the Education and Care Services National Law; or
(d) a law of a State or Territory that substantially corresponds to the provisions of the Education and Care Services National Law (whether or not that law has commenced); or
(e) regulations made under a law referred to in paragraph (d).
(1B) In subsection (1A):
"Education and Care Services National Law" means the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria.
Note 1: The following heading to subsection 161(1) is inserted " Commonwealth laws ".
Note 2: The following heading to subsection 161(2) is inserted " No effect on operation of the Freedom of Information Act 1982 ".
4 At the end of subsection 162(2)
Add:
; or (f) with the express or implied authorisation of the person to whom the information relates.
5 Subsections 168(2) and (3)
After "guidelines", insert "(if any)".
6 Section 169
Repeal the section, substitute:
169 Guidelines for exercise of Secretary's disclosure powers
The Minister may, by legislative instrument, make guidelines for the exercise of either or both of the following:
(a) the Secretary's power to give certificates for the purposes of paragraph 168(1)(a);
(b) the Secretary's power under paragraph 168(1)(b).
7 Transitional--guidelines for exercise of Secretary's disclosure powers
(1) Guidelines in force under section 169 of the A New Tax System (Family Assistance) (Administration) Act 1999 immediately before the commencement of this item continue in effect, after that commencement, as if they had been made under that section, as in force after that commencement.
(2) Subitem (1) does not prevent the variation or revocation of the guidelines after that commencement.
Social Security (Administration) Act 1999
8 At the end of subsection 202(2)
Add:
; or (f) with the express or implied authorisation of the person to whom the information relates.
9 Subsections 208(2) and (3)
After "guidelines", insert "(if any)".
10 Section 209
Repeal the section, substitute:
209 Guidelines for exercise of Secretary's disclosure powers
The Minister may, by legislative instrument, make guidelines for the exercise of either or both of the following:
(a) the Secretary's power to give certificates for the purposes of paragraph 208(1)(a);
(b) the Secretary's power under subsection 208(1) to disclose information to a person referred to in subparagraph 208(1)(b)(i).
11 Transitional--guidelines for exercise of Secretary's disclosure powers
(1) Guidelines in force under section 209 of the Social Security (Administration) Act 1999 immediately before the commencement of this item continue in effect, after that commencement, as if they had been made under that section, as in force after that commencement.
(2) Subitem (1) does not prevent the variation or revocation of the guidelines after that commencement.
12 At the end of subsection 351(2) (before the note)
Add:
; or (f) with the express or implied authorisation of the person to whom the information relates.
13 Subsections 355(2) and (3)
Omit "from time to time in force under subsection 356(1)", substitute "(if any) from time to time in force under section 356".
14 Section 356
Repeal the section, substitute:
356 Guidelines for exercise of Secretary's disclosure powers
The Minister may, by legislative instrument, make guidelines for the exercise of either or both of the following:
(a) the Secretary's power to give certificates for the purposes of paragraph 355(1)(a);
(b) the Secretary's power under paragraph 355(1)(b).
15 Transitional--guidelines for exercise of Secretary's disclosure powers
(1) Guidelines in force under section 356 of the Student Assistance Act 1973 immediately before the commencement of this item continue in effect, after that commencement, as if they had been made under that section, as in force after that commencement.
(2) Subitem (1) does not prevent the variation or revocation of the guidelines after that commencement.