Western Australian Consolidated Regulations

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FIRST HOME OWNER GRANT REGULATIONS 2000 - REG 11

11 .         Authorised receipt and permitted disclosure of confidential information (s. 65(3))

        (1)         The Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth is authorised to receive confidential information under section 65(3)(a) of the Act.

        (2)         The disclosure of confidential information is permitted under section 65(3)(c) of the Act to the following —

            (a)         the Minister, if the disclosure is made for the purposes of the administration of the first home owner grant scheme;

            (b)         the Minister, if the disclosure is made for the purpose of enabling the Minister to respond to a member of the Parliament of the State or of the Commonwealth who has written to the Minister on behalf of a person about the person’s affairs;

            (c)         an officer of a department of the Public Service that administers a scheme that provides financial assistance in relation to home ownership, if the disclosure is made for the purposes of the administration of the scheme;

            (d)         the Minister responsible for the administration of a scheme referred to in paragraph (c), if the disclosure is made for the purposes of that administration or the formulation of policy in relation to the scheme;

            (e)         a person performing functions delegated to the person by the Commissioner under an administration agreement entered into under section 37 of the Act, if the disclosure is made for the purposes of an application for a first home owner grant administered by that person;

            (f)         the Commissioner of Taxation of the Commonwealth, if the disclosure is made for the purposes of the administration of the First Home Saver Accounts Act 2008 (Commonwealth);

            (g)         an applicant’s agent, if —

                  (i)         the agent has apparent authority to act for the applicant in respect of the application or the home the subject of the application; and

                  (ii)         the disclosure is made in respect of the application;

            (h)         a person who accesses the information through a protected web site.

        (3A)         Subregulation (2)(b) does not limit the operation of subregulation (2)(a).

        (3)         In this regulation —

        affairs , in relation to a person, means any matter or thing arising under or in relation to the Act that relates to the person;

        confidential information has the meaning given in section 65(7) of the Act;

        protected web site means a web site provided by the Commissioner through which information about an application can be accessed by the provision of such identifying details about the applicant, or the application, as are approved by the Commissioner.

        [Regulation 11 amended in Gazette 24 Jul 2001 p. 3732; Act No. 74 of 2004 s. 70; amended in Gazette 23 Dec 2008 p. 5480‑1; 4 Aug 2009 p. 3104-5; 9 Sep 2011 p. 3684‑5.]



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