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s 95

Secrecy

In force
Part 6Incorporated limited partnerships
Division 6.7Miscellaneous

95 Secrecy

(1)

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—

(a)

the commissioner for fair trading; or

(b)

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.

(2)

A person commits an offence if—

(a)

the person is a person to whom this section applies; and

(b)

the person—

(i)

makes a record of protected information; or

(ii)

directly or indirectly, divulges or communicates protected information to someone else; and

(c)

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.

(3)

Subsection (2) does not prevent a person to whom this section applies from divulging or communicating protected information—

(a)

with the consent of the person from whom the information was obtained; or

(b)

to a law enforcement authority.

(4)

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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