Secrecy
95 Secrecy
In this section:
court includes a tribunal or other entity with power to require the production of documents or the answering of questions.
person to whom this section applies means—
the commissioner for fair trading; or
anyone else employed or engaged in the administration of this part.
produce includes allow access to.
protected information means information obtained under this part by a person to whom this section applies because of the exercise of a function under this part.
A person commits an offence if—
the person is a person to whom this section applies; and
the person—
makes a record of protected information; or
directly or indirectly, divulges or communicates protected information to someone else; and
the record is not made, or the information is not divulged or communicated, in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Subsection (2) does not prevent a person to whom this section applies from divulging or communicating protected information—
with the consent of the person from whom the information was obtained; or
to a law enforcement authority.
A person to whom this section applies need not divulge or communicate protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.
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