Collection, use and disclosure of criminal history information
Collection, use and disclosure (1) The Minister or an officer of the Department may collect, use, or disclose to a person or body, criminal history information for the purpose of informing, directly or indirectly, the performance of a function or the exercise of a power under this Act or the regulations. Secondary use and disclosure (2) If a person or body receives criminal history information as a result of a disclosure under subsection (1), the person or body may collect, use, or disclose to a person or body, the information for the purpose of providing advice or recommendations, directly or indirectly, to the Minister or an officer of the Department on matters relating to the performance of a function or the exercise of a power under this Act or the regulations. Existing prohibitions do not apply (3) This section has effect despite: (a) any other provision of this Act or the regulations, Division 3 of Part VIIC of the Crimes Act 1914, or any other law of the Commonwealth; or (b) any law of a State or Territory. No limitation on existing powers (4) This section does not limit any other powers the Minister or an officer of the Department has to collect, use or disclose information under this Act, the regulations or any other law of the Commonwealth. Note: For example, the Minister or an officer of the Department may also collect, use, or disclose to the government of a foreign country, for certain purposes, criminal history information about certain non‑citizens (see section 198AAA). Natural justice does not apply (5) The rules of natural justice do not apply to an exercise of power under this section.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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