an application for evidence of a person’s Australian citizenship made on or after the commencement of this Division;

an application for evidence of a person’s Australian citizenship made before the commencement of this Division if the Minister had not made a decision on the application before that commencement.

is made in a manner prescribed by the regulations; and

contains the information prescribed by the regulations.

is made in a manner prescribed under paragraph (1AA)(a) of this section; and

contains the information prescribed under paragraph (1AA)(b) of this section.

the service operator; or

(b) if a body established by a law of the Commonwealth is prescribed by the regulations to be the Healthcare Provider Directory Operator—that body.

to make professional and business details of healthcare providers available to entities that are authorised to access the directory;

to enable communication between entities that are authorised to access the directory and healthcare providers about:

healthcare and support services; and

health administration;

any other purpose prescribed by the regulations.

collect and use the following information:

a healthcare identifier of an identified healthcare provider;

identifying information of an identified healthcare provider;

professional and business details of an identified healthcare provider;

disclose that information on the Healthcare Provider Directory to the following:

an identified individual healthcare provider;

an identified healthcare provider organisation;

a health administration entity;

an entity prescribed by the regulations;

a healthcare identifier of an identified healthcare provider;

identifying information of an identified healthcare provider;

professional and business details of an identified healthcare provider.

for the purpose of health administration; or

prescribe requirements in relation to the disclosure of information on the Healthcare Provider Directory;

prescribe requirements for the administration of the Healthcare Provider Directory;

prescribe requirements for access to the Healthcare Provider Directory;

prescribe requirements in relation to dealing with requests made under subsection (5).

relates to the healthcare provider; and

is prescribed by the regulations for the purposes of this section.

(a) that is a party to a contract (the subcontract) with a contracted service provider for the healthcare provider; and

who is responsible under the subcontract for the provision of:

information technology services relating to the communication of health information; or

health information management services;

a subcontracted service provider of the first entity, if:

the first entity is a healthcare provider; and

the duties of the subcontracted service provider under a contract with a contracted service provider for the healthcare provider involve implementing that purpose by providing information technology services relating to the communication of health information, or health information management services, to the healthcare provider or to the contracted service provider for the healthcare provider; or

(bb) a person (the subcontractor) performing services under a contract between the subcontractor and another person (the contractor), if:

(i) the first entity is the My Health Record System Operator or the operator of the National Repositories Service (within the meaning of the My Health Records Act 2012); and

the first entity has a contract with the contractor; and

the contract between the subcontractor and the contractor relates to the My Health Record system; or

a subcontracted service provider of the healthcare provider, if the duties of the subcontracted service provider under a contract with a contracted service provider for the healthcare provider involve, or are reasonably connected with implementing that purpose by providing:

information technology services relating to the communication of health information; or

health information management services;

the collection, use or disclosure is for the purpose of assisting the entity to conduct research that has been approved by a Human Research Ethics Committee or is authorised by another Australian law; and

the healthcare recipient has consented to the collection, use or disclosure.

the healthcare recipient;

a healthcare provider;

a health administration entity.

communicate with the healthcare recipient, an identified healthcare provider or a health administration entity about healthcare, or support services, that have been, are being or may be received by the healthcare recipient; or

manage or monitor health information about the healthcare recipient for the purposes of communication that is covered by paragraph (a).

the creation of a Healthcare Provider Directory, to allow healthcare providers to check the professional and business details of healthcare providers; and

the making of data standards about health information and other clinical data; and

the format and description of health information or other clinical data;

the storage and disclosure of health information or other clinical data;

the interoperability of clinical or health information management systems;

health or clinical terminology;

the implementation of data standards;

any other matter prescribed by the regulations for the purposes of this paragraph.

approval; or

consultation; or

the formation of committees, advisory panels and consultative groups.

requirements relating to making a data standard (including a data standard varying or revoking a data standard); or

any other matters that the provisions of this Part provide may be specified, or otherwise dealt with, in a determination made under this section.

before a request may be made to the service operator to disclose the healthcare identifier of a healthcare recipient; or

if the service operator discloses a healthcare identifier of a healthcare recipient.

before a request may be made to the service operator to disclose the healthcare identifier of a healthcare provider; or

if the service operator discloses a healthcare identifier of a healthcare provider.

verifying healthcare identifiers and identifying information, including for the purposes of providing healthcare or support services;

assigning unique identifiers to healthcare providers and recipients; and

authorising the collection, use and disclosure of healthcare identifiers and identifying information by trusted entities for health, health-related and health administration purposes; and

providing for a comprehensive Healthcare Provider Directory to facilitate communication between healthcare providers and manage information about healthcare and support services; and

providing for the making of data standards about health information and other clinical data.

the health information was originally obtained by a participant in the My Health Record system by means of the My Health Record system in accordance with this Act;

after the health information was so obtained, it was stored in such a way that it could be obtained other than by means of the My Health Record system;

the person subsequently obtained the health information by those other means.

subsection 59A(1A);

an individual healthcare provider, if:

the first entity is a registered healthcare provider organisation; and

the first entity provides services or facilities to the individual healthcare provider, to facilitate the provision of healthcare by the individual healthcare provider; or

(ca) a person (the subcontractor) performing services under a contract between the subcontractor and another person (the contractor), if:

the first entity is the System Operator or the operator of the National Repositories Service; and

the first entity has a contract with the contractor; and

the contract between the subcontractor and the contractor relates to the My Health Record system; or

if the person is a healthcare provider that has a healthcare identifier—the healthcare identifier;

if the person is an individual healthcare provider linked to a healthcare provider organisation that has a healthcare identifier—the healthcare identifier for the healthcare provider organisation.

(a) healthcare provider;

(b) healthcare provider organisation;

(c) individual healthcare provider;

(d) linked.

for the purposes of:

(i) the Child Support (Assessment) Act 1989; or

(ii) the Child Support (Registration and Collection) Act 1988; or

for the purposes of a centrelink program; or

for the purposes of a medicare program; or

for the purposes of a centrelink program; or

for the purposes of a medicare program; or

for the purposes of a centrelink program; or

for the purposes of a medicare program; or

for the purposes of:

(i) the Child Support (Assessment) Act 1989; or

(ii) the Child Support (Registration and Collection) Act 1988; or

for the purposes of a centrelink program; or

for the purposes of a medicare program; or

for the purposes of:

(i) the Child Support (Assessment) Act 1989; or

(ii) the Child Support (Registration and Collection) Act 1988; or

for the purposes of a centrelink program; or

for the purposes of a medicare program; or

for the purposes of:

(i) the Child Support (Assessment) Act 1989; or

(ii) the Child Support (Registration and Collection) Act 1988; or

for the purposes of a centrelink program; or

for the purposes of a medicare program; or

to produce any document in the officer’s possession; or

to disclose any matter or thing of which the officer had notice;

a court; or

a tribunal; or

an authority; or

a person;

(a) the Secretary or an officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and

in order to comply with the summons, notice or requirement, the Secretary or officer would be required to disclose information that is protected information;

(a) the new requirement is the same as an eligibility requirement (the current requirement) for the other payment; and

at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.

treat the new factor as existing in relation to the person, if:

at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or

treat the new factor as not existing in relation to the person, if:

at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.

treat a person as having satisfied an eligibility requirement;

treat an eligibility factor as existing, or not existing, in relation to a person.

whether the person qualifies for the payment; or

whether the payment is payable to the person.

to qualify for the payment; or

for the payment to be payable to the person.

whether the Secretary is satisfied that the person is qualified, or is expected to be qualified, for the new benefit; and

if the new benefit is a social security payment—whether the Secretary is satisfied that the new benefit is, would be, or is expected to be, payable to the person.

(a) the new requirement is the same as an eligibility requirement (the current requirement) for the current benefit; and

at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.

treat the new factor as existing in relation to the person, if:

at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or

treat the new factor as not existing in relation to the person, if:

at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.

treat a person as having satisfied an eligibility requirement;

treat an eligibility factor as existing, or not existing, in relation to a person.

for a social security payment—a fact, matter or circumstance the existence of which in relation to a person is relevant to:

whether the person qualifies for the payment; or

whether the payment is payable to the person; or

for a concession card—a fact, matter or circumstance the existence of which in relation to a person is relevant to whether the person qualifies for the card.

for a social security payment—a requirement that a person must satisfy:

to qualify for the payment; or

for the payment to be payable to the person; or

for a concession card—a requirement that a person must satisfy to qualify for the card.

the person previously held a seniors health card issued under subsection (3) or (4) or this subsection; and

the person does not currently hold a seniors health card; and

the person is qualified for a seniors health card;

the person was previously the holder of a seniors health card because of a determination under subsection (3) or this section; and

the person is not currently the holder of a seniors health card; and

section 118X does not prevent the person from being entitled to the card; and

the person is eligible for the card under this Part.

the centre is not reasonably accessible to the public; or

the centre does not operate under reasonable hours; or

the approved pathology authority does not operate the centre as a specimen collection centre; or

be in writing; and

(b) invite the pharmacist to make written submissions to the Secretary within the period of 28 days (the submission period) after being given the notice.

affirm the suspension; or

remove the suspension.

an approved pharmacist has been deregistered (however described) as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists; or

if an approved pharmacist is a body corporate:

a person who is a director of the body corporate has been suspended or deregistered (however described) as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists; and

there is no other director of the body corporate who is registered (however described) as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists; or

if an approved pharmacist is granted approval to supply pharmaceutical benefits at a particular premises in a State or territory—the approved pharmacist is not permitted, under the law of the State or Territory in which the premises are situated, to carry on business; or

an approved pharmacist has breached the conditions to which the pharmacist’s approval is subject;

under paragraph 98(2A)(c) to refuse to cancel an approval; or

under subsection 98(3), (3AB) or (3A) to cancel an approval.

whether the suspension of the pharmacist occurred before, on or after the commencement of this Part; and

whether the pharmacist was approved before, on or after the commencement of this Part.

whether the conduct of the pharmacist occurred before, on or after the commencement of this Part; and

whether the pharmacist was approved before, on or after the commencement of this Part.

whether the suspension of the pharmacist occurred before, on or after the commencement of this Part; and

whether the pharmacist was approved before, on or after the commencement of this Part.

whether the deregistration of the pharmacist occurred before, on or after the commencement of this Part; and

whether the pharmacist was approved before, on or after the commencement of this Part.

whether the suspension or deregistration of the director occurred before, on or after the commencement of this Part; and

whether the pharmacist was approved before, on or after the commencement of this Part.

whether the pharmacist is not permitted to carry on business at a particular premises before, on or after the commencement of this Part; and

whether the pharmacist was approved before, on or after the commencement of this Part.

whether the breach by the pharmacist occurred before, on or after the commencement of this Part; and

whether the pharmacist was approved before, on or after the commencement of this Part.

the Minister;

the Chief Executive Medicare;

the Secretary of a relevant Department;

an APS employee in a relevant Department;

(e) a Departmental employee within the meaning of the Human Services (Medicare) Act 1973;

any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia;

any other person employed or engaged (however described) by a person described in paragraph (f) to provide services in connection with the services mentioned in that paragraph.

the Department administered by the Minister who administers this Act;

(b) the Department administered by the Minister who administers the Health Insurance Act 1973;

(c) the Department administered by the Minister who administers the Human Services (Centrelink) Act 1997;

(d) the Department administered by the Minister who administers the Human Services (Medicare) Act 1973;

(e) the Department administered by the Minister who administers the National Health Act 1953.

the official reasonably believes that using or disclosing the information is necessary for that purpose; and

(b) for a disclosure of information—the disclosure is to an agency (within the meaning of the Privacy Act 1988) whose functions are directed at that purpose.

the enforcement of the criminal law;

the enforcement of a law imposing a pecuniary penalty;

the protection of the public revenue;

(d) an integrity purpose (within the meaning of the Crimes Act 1914).

the integrity or sustainability of a medicare program; or

the protection of a person from a risk arising from, or in connection with, the provision of a benefit or service under a medicare program.

(a) disclosure by any of the following persons of protected information obtained as a result of a review or investigation under Health Insurance Act 1973:Part VAA of the

a person appointed under Division 2 of that Part;

a member of staff or a consultant engaged under section 106ZM or 106ZP of that Act;

a person whose services are made available under section 106ZN of that Act;

a person providing services under section 106ZPL of that Act;

any other person engaged (whether as an employee or otherwise) by the Professional Services Review to provide services in connection with the performance of duties or functions, or the exercise of powers, under that Part;

disclosure, by a person consulted under section 90 of that Act, of protected information obtained in connection with that consultation.

a reference to the purposes of the integrity or sustainability of a medicare program includes a reference to the need to ensure that access to the program is limited to circumstances where requirements or parameters (whether or not statutory) relating to the program are met; and

a reference to a use or disclosure being for those purposes is taken to include a reference to the use or disclosure being for the purposes of ensuring that the delivery of the program is not compromised by mistakes, misconduct, fraud or non-compliance, including in relation to those requirements or parameters.

the information is lawfully in the public domain; or

the information has lawfully been disclosed to that other person or body previously; or

the information relates to that other person or body; or

the disclosure of the information is for the purposes of obtaining or providing legal advice.

the Minister;

the Chief Executive Medicare;

the Secretary of a relevant Department;

an APS employee in a relevant Department;

(e) a Departmental employee within the meaning of the Human Services (Medicare) Act 1973;

any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia;

any other person employed or engaged (however described) by a person described in paragraph (f) to provide services in connection with the services mentioned in that paragraph.

the Department administered by the Minister who administers this Act;

(b) the Department administered by the Minister who administers the Dental Benefits Act 2008;

(c) the Department administered by the Minister who administers the Human Services (Centrelink) Act 1997;

(d) the Department administered by the Minister who administers the Human Services (Medicare) Act 1973;

(e) the Department administered by the Minister who administers the National Health Act 1953.

notify the Director that the person may have committed the relevant offence, the relevant civil contravention or the relevant dental benefits offence; and

give the Director any additional information (including information about the person) in relation to the possible commission of that offence or contravention.

conduct by a practitioner (including a person who has been a practitioner) has caused, is causing, or is likely to cause, a significant threat to the life or health of any other person; or

a practitioner (including a person who has been a practitioner) has failed to comply with professional standards.

the review or investigation in connection with which the written statement is given; or

any matter covered by the review or investigation or the statement; or

the services or benefits provided, or purportedly provided, by the practitioner under a medicare program.

relates to a person; and

is held by an agency (whether or not the information was obtained by that agency, or any other agency, after the commencement of this section); and

is any of the following:

information obtained by the agency, or any other agency, in connection with a claim for a medicare benefit;

information relating to a person’s eligibility or purported eligibility to be paid a medicare benefit;

information relating to a person who rendered or purportedly rendered a service in respect of which a medicare benefit is payable or purportedly payable.

the disclosure is by an officer (within the meaning of section 130) to an entrusted public official;

the collection, use or disclosure is by an entrusted public official;

(c) if the information was previously disclosed to a person (the recipient) by an entrusted public official:

the disclosure of the information is by the recipient to an entrusted public official; or

the use of the information is by the recipient for the purpose for which it was previously disclosed; or

the disclosure of the information is by the recipient to any other person for the purpose for which it was previously disclosed.

the integrity or sustainability of a medicare program;

the protection of a person from a risk arising from, or in connection with, the provision of a benefit or service under a medicare program;

statistical analysis;

medical research;

research and development in relation to health, disability or aged care;

development, analysis, administration and review of, and reporting related to, government policy and programs in relation to health, disability or aged care;

a disclosure of information that is required or authorised under an Australian law.

(a) a person (the identifiable person) is reasonably identifiable from the information that is proposed to be disclosed; and

the person disclosing the information is not satisfied that:

the identifiable person has given informed consent to the use and disclosure of the information for that research; or

(ii) the research is to be conducted in accordance with guidelines issued by the National Health and Medical Research Council under Privacy Act 1988.section 95 of the

disclosure by any of the following persons of information obtained as a result of a review or investigation under Part VAA:

a person appointed under Division 2 of that Part;

a member of staff or a consultant engaged under section 106ZM or 106ZP;

a person whose services are made available under section 106ZN;

a person providing services under section 106ZPL;

any other person engaged (whether as an employee or otherwise) by the Professional Services Review to provide services in connection with the performance of duties or functions, or the exercise of powers, under Part VAA;

disclosure, by a person consulted under section 90, of information obtained in connection with that consultation.

the My Health Record System Operator including information to which this section applies in the My Health Record of a healthcare recipient; or

(b) the matching of information under subsection 132B(1) of the National Health Act 1953 or the operation of Part VIIIA of that Act generally.

is obtained or generated by an officer (within the meaning of section 130) in the performance of duties or functions, or in the exercise of powers, under this Act; and

relates to the affairs of a person.

the disclosure is by a person who is or has been an officer (within the meaning of section 130) to an entrusted public official;

the collection, use or disclosure is by an entrusted public official;

(c) if the information was previously disclosed to a person (the recipient) by an entrusted public official:

the disclosure of the information is by the recipient to an entrusted public official; or

the use of the information is by the recipient for the purpose for which it was previously disclosed; or

the disclosure of the information is by the recipient to any other person for the purpose for which it was previously disclosed.

the integrity or sustainability of a medicare program;

the protection of a person from a risk arising from, or in connection with, the provision of a benefit or service under a medicare program;

(c) the administration of a centrelink program (within the meaning of the Human Services (Centrelink) Act 1997);

the administration of the following Acts:

(i) the Child Support (Assessment) Act 1989;

(ii) the Child Support (Registration and Collection) Act 1988.

disclosure by any of the following persons of information obtained as a result of a review or investigation under Part VAA:

a person appointed under Division 2 of that Part;

a member of staff or a consultant engaged under section 106ZM or 106ZP;

a person whose services are made available under section 106ZN;

a person providing services under section 106ZPL;

any other person engaged (whether as an employee or otherwise) by the Professional Services Review to provide services in connection with the performance of duties or functions, or the exercise of powers, under Part VAA;

disclosure, by a person consulted under section 90, of information obtained in connection with that consultation.

is obtained or generated by an officer (within the meaning of section 130) in the performance of duties or functions, or in the exercise of powers, under this Act; and

relates to the affairs of a person.

the official reasonably believes that using or disclosing the information is necessary for that purpose; and

(b) for a disclosure of information—the disclosure is to an agency (within the meaning of the Privacy Act 1988) whose functions are directed at that purpose.

the enforcement of the criminal law;

the enforcement of a law imposing a pecuniary penalty;

the protection of the public revenue;

(d) an integrity purpose (within the meaning of the Crimes Act 1914).

is obtained or generated by an officer (within the meaning of section 130) in the performance of duties or functions, or in the exercise of powers, under this Act; and

relates to the affairs of a person.

the person or body has received from the Director:

a statement under subsection 106XA(2) or (3), stating concerns that conduct by a practitioner (including a person who has been a practitioner) has caused, is causing, or is likely to cause, a significant threat to the life or health of any other person; or

a statement under subsection 106XB(2), stating concerns that a practitioner (including a person who has been a practitioner) has failed to comply with professional standards; and

the information relates to any of the following:

the review or investigation in connection with which the statement is given;

any matter covered by the review or investigation or the statement;

the services or benefits provided, or purportedly provided, by the practitioner under a medicare program; and

the Director is satisfied that the disclosure is:

necessary for the purposes of the National Law; and

in the public interest.

the disclosure is for the purposes of any of the following:

the integrity or sustainability of a medicare program;

the protection of a person from a risk arising from, or in connection with, the provision of a benefit or service under a medicare program;

(iii) proceedings to recover an amount that is recoverable under this Act, the Dental Benefits Act 2008 or the National Health Act 1953 as a debt due to the Commonwealth, or is otherwise required by or under those Acts to be repaid to the Commonwealth;

any other proceedings in relation to compliance with a requirement under this Act; and

the Director is satisfied that the disclosure is in the public interest.

is obtained or generated by an officer (within the meaning of section 130) in the performance of duties or functions, or in the exercise of powers, under this Act; and

relates to the affairs of a person.

the relevant person is or has been an officer; and

the relevant person uses or discloses information; and

the information:

relates to the affairs of a person other than the relevant person; and

(ii) is obtained or generated by the relevant person in the performance of duties or functions, or in the exercise of powers, under this Act.

authorised or exempted under a provision of this Act; or

otherwise required or authorised under an Australian law.

in the performance of duties or functions, or in the exercise of powers, under this Act or any other Act; or

for the purpose of enabling the officer or any other person to perform duties or functions, or exercise powers, in relation to a medicare program; or

in the case of disclosure to the Minister—for the purposes of the Minister’s performance of the Minister’s functions.

the Secretary or the Chief Executive Medicare certifies, by instrument in writing, that it is in the public interest to disclose the information to a specified person or body for a specified purpose; and

the officer:

discloses the information to the person or body for that purpose; or

uses the information for purposes related to such a disclosure.

the person or body is a prescribed person or body; and

the information is prescribed information; and

the information may be provided to the person or body for that purpose.

the information is lawfully in the public domain; or

the person to whom the information relates has expressly or impliedly consented to the use or disclosure; or

the use or disclosure is for the purpose of obtaining or providing legal advice; or

if the disclosure is to a person or body—the information relates to that person or body; or

(e) if the disclosure (the present disclosure) is to a person or body—the information has lawfully been disclosed to that person or body previously (the previous disclosure), and the present disclosure is for the same purpose as the previous disclosure.

protected information is disclosed to the person; and

the disclosure contravenes this section; and

the person:

in any way solicited the disclosure of the information to the person; or

discloses the information to another person; or

uses the information otherwise than by disclosing it to another person.

a person performing duties or functions, or exercising powers, under or in relation to this Act or a medicare program;

any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia;

any other person employed or engaged (however described) by a person described in paragraph (b) to provide services in connection with the services mentioned in that paragraph.

that section or any other of those sections; or

any other section of this Act.

paragraph 129B(3)(a);

paragraph 129C(3)(a);

subparagraph 129E(3)(a)(i).

a reference in the section to the purposes of the integrity or sustainability of a medicare program includes a reference to the need to ensure that access to the program is limited to circumstances where requirements or parameters (whether or not statutory) relating to the program are met; and

a reference in the section to a collection, use or disclosure being for those purposes is taken to include a reference to the collection, use or disclosure being for the purposes of ensuring that the delivery of the program is not compromised by mistakes, misconduct, fraud or non-compliance, including in relation to those requirements or parameters.

the Minister;

the Chief Executive Medicare;

the Secretary of a relevant Department;

an APS employee in a relevant Department;

(e) a Departmental employee within the meaning of the Human Services (Medicare) Act 1973;

any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia;

any other person employed or engaged (however described) by a person described in paragraph (f) to provide services in connection with the services mentioned in that paragraph.

the Department administered by the Minister who administers this Act;

(b) the Department administered by the Minister who administers the Dental Benefits Act 2008;

(c) the Department administered by the Minister who administers the Health Insurance Act 1973;

(d) the Department administered by the Minister who administers the Human Services (Centrelink) Act 1997;

(e) the Department administered by the Minister who administers the Human Services (Medicare) Act 1973.

the relevant person is or has been an officer; and

the relevant person uses or discloses information; and

the information:

relates to the affairs of a person other than the relevant person; and

(ii) is obtained or generated by the relevant person in the performance of duties or functions, or in the exercise of powers, under this Act.

authorised or exempted under a provision of this Act; or

otherwise required or authorised under an Australian law.

in the performance of duties or functions, or in the exercise of powers, under this Act or any other Act; or

for the purpose of enabling the officer or any other person to perform duties or functions, or exercise powers, in relation to a medicare program; or

in the case of disclosure to the Minister—for the purposes of the Minister’s performance of the Minister’s functions.

the Secretary or the Chief Executive Medicare certifies, by instrument in writing, that it is in the public interest to disclose the information to a specified person or body for a specified purpose; and

the officer:

discloses the information to the person or body for that purpose; or

uses the information for purposes related to such a disclosure.

the person or body is a prescribed person or body; and

the information is prescribed information; and

the information may be provided to the person or body for that purpose.

the information is lawfully in the public domain; or

the person to whom the information relates has expressly or impliedly consented to the use or disclosure; or

the use or disclosure is for the purpose of obtaining or providing legal advice; or

if the disclosure is to a person or body—the information relates to that person or body; or

(e) if the disclosure (the present disclosure) is to a person or body—the information has lawfully been disclosed to that person or body previously (the previous disclosure), and the present disclosure is for the same purpose as the previous disclosure.

(aa) in the case of the Chief Executive Centrelink or a person engaged (whether as an employee or otherwise) by Services Australia—in the performance of duties or functions, or in the exercise of powers, under an Act administered by the Minister administering the Human Services (Centrelink) Act 1997; or

protected information is disclosed to the person; and

the disclosure contravenes this section; and

the person:

in any way solicited the disclosure of the information to the person; or

discloses the information to another person; or

uses the information otherwise than by disclosing it to another person.

a person performing duties or functions, or exercising powers, under or in relation to this Act or a medicare program;

any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia;

any other person employed or engaged (however described) by a person described in paragraph (b) to provide services in connection with the services mentioned in that paragraph.

relates to a person; and

is held by an agency (whether or not the information was obtained by that agency, or any other agency, after the commencement of this section); and

is any of the following:

information obtained by the agency, or any other agency, in connection with a claim for payment of a benefit under the Pharmaceutical Benefits Program;

information obtained by the agency, or any other agency, in connection with a supply of a pharmaceutical benefit;

information relating to a person’s eligibility or entitlement to receive a pharmaceutical benefit, to receive payment in respect of the supply of a pharmaceutical benefit or to be paid a benefit under the Pharmaceutical Benefits Program.

the disclosure is by an officer (within the meaning of section 135A) to an entrusted public official;

the collection, use or disclosure is by an entrusted public official;

(c) if the information was previously disclosed to a person (the recipient) by an entrusted public official:

the disclosure of the information is by the recipient to an entrusted public official; or

the use of the information is by the recipient for the purpose for which it was previously disclosed; or

the disclosure of the information is by the recipient to any other person for the purpose for which it was previously disclosed.

the integrity or sustainability of a medicare program;

the protection of a person from a risk arising from, or in connection with, the provision of a benefit or service under a medicare program;

statistical analysis;

medical research;

research and development in relation to health, disability or aged care;

development, analysis, administration and review of, and reporting related to, government policy and programs in relation to health, disability or aged care;

a disclosure of information that is required or authorised under an Australian law.

(a) a person (the identifiable person) is reasonably identifiable from the information that is proposed to be disclosed; and

the person disclosing the information is not satisfied that:

the identifiable person has given informed consent to the use and disclosure of the information for that research; or

(ii) the research is to be conducted in accordance with guidelines issued by the National Health and Medical Research Council under Privacy Act 1988.section 95 of the

the My Health Record System Operator including information to which this section applies in the My Health Record of a healthcare recipient; or

the matching of information under subsection 132B(1) or the operation of Part VIIIA generally.

is obtained or generated by an officer (within the meaning of section 135A) in the performance of duties or functions, or in the exercise of powers, under this Act; and

relates to the affairs of a person.

the disclosure is by a person who is or has been an officer (within the meaning of section 135A) to an entrusted public official;

the collection, use or disclosure is by an entrusted public official;

(c) if the information was previously disclosed to a person (the recipient) by an entrusted public official:

the disclosure of the information is by the recipient to an entrusted public official; or

the use of the information is by the recipient for the purpose for which it was previously disclosed; or

the disclosure of the information is by the recipient to any other person for the purpose for which it was previously disclosed.

the integrity or sustainability of a medicare program;

the protection of a person from a risk arising from, or in connection with, the provision of a benefit or service under a medicare program;

(c) the administration of a centrelink program (within the meaning of the Human Services (Centrelink) Act 1997);

the administration of the following Acts:

(i) the Child Support (Assessment) Act 1989;

(ii) the Child Support (Registration and Collection) Act 1988.

(a) disclosure by any of the following persons of information obtained as a result of a review or investigation under Health Insurance Act 1973:Part VAA of the

a person appointed under Division 2 of that Part;

a member of staff or a consultant engaged under section 106ZM or 106ZP of that Act;

a person whose services are made available under section 106ZN of that Act;

a person providing services under section 106ZPL of that Act;

any other person engaged (whether as an employee or otherwise) by the Professional Services Review to provide services in connection with the performance of duties or functions, or the exercise of powers, under that Part;

disclosure, by a person consulted under section 90 of that Act, of information obtained in connection with that consultation.

is obtained or generated by an officer (within the meaning of section 135A) in the performance of duties or functions, or in the exercise of powers, under this Act; and

relates to the affairs of a person.

the official reasonably believes that using or disclosing the information is necessary for that purpose; and

(b) for a disclosure of information—the disclosure is to an agency (within the meaning of the Privacy Act 1988) whose functions are directed at that purpose.

the enforcement of the criminal law;

the enforcement of a law imposing a pecuniary penalty;

the protection of the public revenue;

(d) an integrity purpose (within the meaning of the Crimes Act 1914).

is obtained or generated by an officer (within the meaning of section 135A) in the performance of duties or functions, or in the exercise of powers, under this Act; and

relates to the affairs of a person.

that section or any other of those sections; or

any other section of this Act.

paragraph 135ABA(2)(a);

paragraph 135ABB(3)(a).

a reference in the section to the purposes of the integrity or sustainability of a medicare program includes a reference to the need to ensure that access to the program is limited to circumstances where requirements or parameters (whether or not statutory) relating to the program are met; and

a reference in the section to a collection, use or disclosure being for those purposes is taken to include a reference to the collection, use or disclosure being for the purposes of ensuring that the delivery of the program is not compromised by mistakes, misconduct, fraud or non-compliance, including in relation to those requirements or parameters.

(a) subsections 130(1) and (18A) of the Health Insurance Act 1973;

(b) subsections 135A(1) and (17A) of the National Health Act 1953.

(a) the Dental Benefits Act 2008;

(b) the Health Insurance Act 1973;

(c) the National Health Act 1953.

(a) Health Insurance Act 1973;section 129B of the

(b) National Health Act 1953.section 135ABA of the

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in the following Act (the relevant Acts):

this Act;

(ii) the Dental Benefits Act 2008;

(iii) the Health Insurance Act 1973;

(iv) the National Health Act 1953;

directly amend the text of the relevant Acts.

identification material of a kind prescribed by the regulations for the purposes of this subparagraph, showing the date and place of birth of the party; or

to provide information and things to other Commonwealth agencies or authorities;

to provide information and things for the purposes of the recipient managing or responding to:

a serious situation relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380; or

a significant offshore petroleum incident in relation to which it has given a direction in accordance with section 576B; or

a declared oil pollution emergency;

to provide information, assessments, analysis, reports, advice, recommendations and things to other Commonwealth agencies or authorities;

to provide information, assessments, analysis, reports, advice, recommendations and things for the purposes of the recipient managing or responding to:

a serious situation relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380; or

a significant offshore petroleum incident (within the meaning of Division 2A of Part 6.2) in relation to which NOPSEMA has given a direction in accordance with section 576B; or

a declared oil pollution emergency (within the meaning of Schedule 2A);

the responsible Commonwealth Minister has given a direction under section 380, relating to a serious situation in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence; or

NOPSEMA has given a direction in accordance with section 576B in relation to a significant offshore petroleum incident; or

the CEO has declared a declared oil pollution emergency.

the responsible Commonwealth Minister;

the Secretary;

the CEO;

the Titles Administrator.

coordinating the management of, or responding to, the serious situation;

coordinating the management of, or responding to, the significant offshore petroleum incident;

coordinating the management of, or responding to, the declared oil pollution emergency.

the recipient’s use of the offshore information or thing; or

whether, and the extent to which, the recipient itself may make the offshore information or thing available to any other agency or person.

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

the person’s use of the information; or

whether, and the extent to which, the person may make the information available to any other person.

(a) the Environment Protection and Biodiversity Conservation Act 1999;

(b) the Environment Protection (Sea Dumping) Act 1981;

(c) the Offshore Electricity Infrastructure Act 2021.

make the information publicly known; or

make the information available to any other person (other than a Minister, a Minister of a State or a Minister of the Northern Territory).

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

the person’s use of the sample; or

whether, and the extent to which, the person may permit any other person to inspect the sample.

(a) the Environment Protection and Biodiversity Conservation Act 1999;

(b) the Environment Protection (Sea Dumping) Act 1981;

(c) the Offshore Electricity Infrastructure Act 2021.

make publicly known any details of the sample; or

permit any other person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample.

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

the person’s use of the information; or

whether, and the extent to which, the person may make the information available to any other person.

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

the person’s use of the sample; or

whether, and the extent to which, the person may permit any other person to inspect the sample.

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

the person’s use of the information; or

whether, and the extent to which, the person may make the information available to any other person.

(a) the Environment Protection and Biodiversity Conservation Act 1999;

(b) the Environment Protection (Sea Dumping) Act 1981;

(c) the Offshore Electricity Infrastructure Act 2021.

make the information publicly known; or

make the information available to any other person (other than a Minister, a Minister of a State or a Minister of the Northern Territory).

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

the person’s use of the sample; or

whether, and the extent to which, the person may permit any other person to inspect the sample.

(a) the Environment Protection and Biodiversity Conservation Act 1999;

(b) the Environment Protection (Sea Dumping) Act 1981;

(c) the Offshore Electricity Infrastructure Act 2021.

make publicly known any details of the sample; or

permit any other person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample.

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

the person’s use of the information; or

whether, and the extent to which, the person may make the information available to any other person.

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;

coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;

coordinating the management of, or responding to, a declared oil pollution emergency.

the person’s use of the sample; or

whether, and the extent to which, the person may permit any other person to inspect the sample.

the delegation is only for the purposes of one or both of the following:

giving effect to a policy or a decision of the ACMA;

(ii) making changes of the kinds referred to in each paragraph of subsection 15X(2) of the Legislation Act 2003 (about editorial changes) to instruments made under that power; and

if the delegation is for the purposes of giving effect to a policy or a decision of the ACMA—having regard to what would be required, necessary or convenient to give effect to the policy or decision, the ACMA is satisfied that it is appropriate for a delegate to exercise the power; and

the person is:

a member; or

an SES employee or an acting SES employee; or

a person holding, or performing the duties of, an office or position that is at a level equivalent to that of an SES employee.

the delegation is only for the purposes of one or both of the following:

giving effect to a policy or a decision of the Division;

(ii) making changes of the kinds referred to in each paragraph of subsection 15X(2) of the Legislation Act 2003 (about editorial changes) to instruments made under that power; and

if the delegation is for the purposes of giving effect to a policy or a decision of the Division—having regard to what would be required, necessary or convenient to give effect to the policy or decision, the Division is satisfied that it is appropriate for a delegate to exercise the power; and

the person is:

a member; or

an SES employee or an acting SES employee; or

a person holding, or performing the duties of, an office or position that is at a level equivalent to that of an SES employee.

the Secretary; or

to meet Australia’s obligations under the International Energy Agreement; or

to prevent or alleviate a disruption or likely disruption to supply of the product.

to meet those obligations; or

to prevent or alleviate the disruption or likely disruption.

the reduction under this section;

the reduction under section 18.

diesel exhaust fluid; or

technical grade urea; or

there is a disruption to Australia’s fuel supply; and

the disruption has had, is having, or is likely to have, a significant impact on Australia’s fuel market.

the entity’s orders for any upcoming supply of the product to the market, and the scheduled timeframes for that supply;

the entity’s orders for any upcoming demand for the product by customers;

stock levels of the product held by the entity.

to give information specified in the notice to the Secretary within the period and in the manner specified in the notice;

to produce documents specified in the notice to the Secretary within the period and in the manner specified in the notice.

section 13G;

section 13H;

(c) Criminal Code (about an offence for giving false or misleading information);section 137.1 of the

(d) Criminal Code (about an offence for producing false or misleading documents).section 137.2 of the

must be at least 5 business days after the day the notice is given; and

may be:

a single period; or

a recurring period.

a reference to a regulated entity included a reference to a person who is not a regulated entity; and

a reference to information or documents were expressly confined to statistical information or statistical documents.

a reference to a regulated entity included a reference to a person who is not a regulated entity; and

a reference to information or documents were expressly confined to information or documents necessary to give effect to Australia’s rights or obligations under:

the Agreement; or

any other agreement with one or more countries.

the person is given a notice under section 13E; and

the person fails to comply with a requirement of the notice.

the person is given a notice under section 13E; and

the person gives information or produces a document that is false or misleading in a material particular, or omits a matter or thing without which the information or the document is misleading in a material particular.

section 13E (about requiring information or documents); or

to promote improved energy performance through better energy use and management of the demand put on the energy system; and

in the case of a person to whom pension PP (single) ceases to be payable—continues, but for the requirement to have at least one PP child, to be qualified for that pension; and

in the case of a person who ceases to receive benefit PP (partnered)—continues, but for the requirement to have at least one PP child, to be qualified for that benefit; and

a person to whom pension PP (single) ceases to be payable on or after the commencement of this item; and

a person to whom pension PP (single) ceased to be payable at a time within the period:

starting on the day that is 24 weeks before the commencement of this item; and

ending on the commencement of this item.

both of the following apply:

the person has made a request to participate in the home equity access scheme under section 52ZD of the Veterans’ Entitlements Act;

the scheme has not, since the person last made such a request, ceased to operate in relation to the person because of the effect of section 52ZJ, 52ZJA, 52ZJB or 52ZK of that Act; or

the person is receiving a service pension or income support supplement.

a person is qualified for, but is not receiving:

an age pension; or

a disability support pension; or

a carer payment; and

the person is participating in the home equity access scheme; and

the person starts to receive a service pension or income support supplement;

both of the following apply:

the person has made a request to participate in the home equity access scheme under section 1136 of the Social Security Act;

the scheme has not, since the person last made such a request, ceased to operate in relation to the person because of the effect of section 1141, 1141A, 1141B or 1142 of that Act; or

the person is receiving one of the following social security pensions under the Social Security Act:

an age pension;

a disability support pension;

a carer payment.

a person is eligible for, but is not receiving, a service pension or income support supplement; and

the person is participating in the home equity access scheme; and

the person starts to receive one of the following social security pensions under the Social Security Act:

an age pension;

a disability support pension;

a carer payment;

(a) definition of pension loans scheme advance payment;

(b) definition of pension loans scheme advance payment period.

(a) definition of pension loans scheme advance payment;

(b) definition of pension loans scheme advance payment period.

(a) a person was receiving a social security pension or a social security benefit (the original payment); and

(b) at the time the person was receiving the original payment, the person was taken, under attributed income period); andsection 1073A, 1073B or 1073BA, to have received employment income over a period (the

the person ceases to receive the pension or benefit before the end of the attributed income period; and

(d) the person claims a new social security pension or social security benefit (the new payment), whether or not the new payment is of the same kind as the original payment; and

the person’s start day for the new payment is before the end of the attributed income period.

applies for the purposes of working out the person’s rate of payment for the new payment at any time during the attributed income period; and

does not prevent the person from being taken to receive, under section 1073A, 1073B or 1073BA, other employment income during the attributed income period.