Authority to Disclose
Protected Information
File Reference:
Use this form to authorise unscheduled disclosure under the Australian
Border Force Act 2015 to Commonwealth, State, Territory or overseas
bodies or persons.
Will this information be provided on an ongoing basis?
NoYes
The relevant schedule of ongoing authorisations must be updated.
Is this information to be provided under an ongoing arrangement with a foreign agency or MOU?
NoYes
Part A
1.
Name and location of the recipient of the protected information:1
2.
The protected information to be disclosed is: (decribe)
3.
Purpose for which protected information is to be disclosed:2
4.
Does the information to be disclosed include personal information?3 Please tick selection.
NoYes
If yes, you must complete PART B of this form.
I,
............................................................................................................................. , pursuant to Part 6 of the Australian Border Force Act 2015,
(name of delegate of Secretary)4
authorise ......................................................................................................................... to disclose the information described above to the
(name of person making disclosure)
recipient identified above subject to these conditions: (specify conditions (if any) that govern this disclosure).
I. am satisfied that the recipient has undertaken not to use or further disclose the information except for the purpose(s) described above, or
otherwise as required or authorised by law.
Signature of delegate .............................................................................................................................. Date
/
/
1. Must be a person acting on behalf of a Commonwealth, State, or Territory agency or a foreign country or international organisation. Note that where disclosures are
to be made to a foreign country or International organisation the disclosure must be in accordance with an agreement recorded in the MOU Register.
2. The permitted purpose must relate to the functions of the recipient agency. It is not sufficient to merely say that the information was requested by the agency. For
disclosures to foreign countries or international organisations, the purpose must relate to an arrangement in place between the Commonwealth and the recipient –
you must identify that arrangement, which must comply with the MOU Policy. The Australian Border Force (Secrecy and Disclosure) Rule 2015 and the Authorisation
Schedule must be updated.
3. ‘Personal information’ means any information or an opinion that identifies a person. It does not have to be true, and it does not have to be written down.
4. Immigration and Border Protection Workers of APS6 and above have been delegated this power.
(B277 JUL15)
Part B – Protected information that includes Personal Information
5.
The person to whom the information relates has consented to the disclosure:5
No
Yes — Give a reference to record of consent:
6.
If the person to whom the information relates has not consented to the disclosure then indicate the purpose(s) for which the information is to
be disclosed:6
Section 44 or Section 45
*(a) the administration or enforcement of a law of the Commonwealth, a State, a Territory or a foreign country that relates to:
(i) criminal law, or
(ii) a law imposing a pecuniary penalty or providing for the forfeiture of property.
*(b) in relation to a law referred to in paragraph (a), the prevention of crime, or the detection or analysis of criminal conduct, in respect of that
law.
(c) assisting a coronial inquiry, coronial investigation or coronial inquest under a law of the Commonwealth, a State or a Territory.
(d) a purpose relating to the protection of public health, or the prevention or elimination of risks to the life or safety of an individual or a group of
individuals.
*(e) the collection and verification of statistics for the purposes of the Census and Statistics Act 1905 or the performance of the functions of the
Australian Bureau of Statistics as set out in section 6 of the Australian Bureau of Statistics Act 1975.
*(f) the protection of the public revenue of the Commonwealth, a State, a Territory or a foreign country.
*(g) a purpose relating to matters covered by the Customs Act 1901, the Migration Act 1958, the Maritime Powers Act 2013, the Australian
Citizenship Act 2007, the Immigration (Guardianship of Children) Act 1946 or the Education Services for Overseas Students Act 2000.
(h) any of the following:
(i) assisting in establishing the identity of a particular person;
(ii) establishing whether or not a particular person is or was an Australian citizen at a particular time or in a particular period;
(iii) establishing whether or not a particular person is or was the holder of a particular kind or class of visa under the Migration Act 1958
at a particular time or in a particular period;
(i) a purpose relating to immigration, quarantine or border control between Australia and a foreign country;
(j) the provision of services to persons who are not Australian citizens;
*(k)
a purpose relating to the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979.
* (l) a purpose relating to the performance of functions under section 6 of the Intelligence Services Act 2001.
(m) the administration of the National Anti-Doping Scheme (within the meaning of the Australian Sports Anti-Doping Authority Act 2006).
*(n) (o)7 the administration or enforcement of laws with respect to commerce:
(i) between a State and another State; or
(ii) between a State and a Territory; or
(iii) between a Territory and another Territory; or
(iv) between Australia and another country; or
(v) within a State or Territory;
a purpose prescribed by the rules. (see Australian Border Force (Secrecy and Disclosure) Rule 2015)
Purpose:
5. Disclosures made under Section 47, with consent, must keep a record of that consent.
6. Purposes marked * may not be used to authorise the disclosure of personal information to foreign countries or international organisations.
7. This form is not required where disclosure is made for the purposes of Sections 42 course of duties, authorised by law, direction of a court or tribunal, 43 Law
Enforcement Integrity Commissioner, 48 reduce threat to life or health or 49 publicly available information.
(B277 JUL15)