122Disclosure of information to intelligence and security agency

1. An agency may disclose to an intelligence and security agency any information that it holds or controls if it believes on reasonable grounds that the disclosure of information is necessary to enable the intelligence and security agency to perform any of its functions.

2. An agency may disclose the information—

3. on the request of an intelligence and security agency; or
4. on its own initiative.

5. For the purpose of enabling an agency to decide whether to disclose any information under subsection (1) (including the application of section 22 of the Privacy Act 2020), the Director-General of an intelligence and security agency may certify that he or she believes on reasonable grounds that the disclosure of the information is necessary for the performance of any of the agency’s functions.

6. This section is subject to—

7. a provision contained in any other enactment that—
   1. prohibits or restricts the disclosure of the information to an intelligence and security agency; or
   2. regulates the manner in which the information may be obtained or made available to an intelligence and security agency; and
8. a provision contained in any contract, agreement, or other document relating to the disclosure of the information; and
9. any obligation of confidence.