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s 44

Confidential information—disclosure by commissioners and staff

In force
Part 7Information

44 Confidential information—disclosure by commissioners and staff

(1)

A person must not disclose any confidential information obtained in carrying out the person’s functions in relation to this Act, except in accordance with subsection (3).

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(2)

A person must not use any confidential information obtained in carrying out the person’s functions in relation to this Act to obtain, directly or indirectly, a pecuniary or other advantage for themself or any other person, except in accordance with subsection (3).

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(3)

A person may disclose or use confidential information if—

(a)

the disclosure or use is made in the exercise of a function in relation to this Act or any other law of the Territory permitting the disclosure or use; or

(b)

the disclosure or use is made with the consent of the person who supplied the information; or

(c)

the disclosure or use is made in a legal proceeding at the direction of a court; or

(d)

the information is in the public domain at the time that it is disclosed.

(4)

To remove any doubt, subsection (3) does not override any rights another person may have with regard to the disclosure or use of the information.

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