s 30

Protection of confidentiality of information

In force

(1)

This section restricts what a *person (the entrusted person) may do with *protected information, or *protected documents, that the person has obtained in the course of *official employment.

(2)

The *entrusted person:

(a)

must not make a record of *protected information; and

(b)

must not disclose it to anyone else;

if the recording or disclosure is not done in accordance with subsection (3).

Penalty: Imprisonment for 2 years.

(3)

It is not an offence against subsection (2) if any of the following apply to the recording or disclosure:

(a)

the recording or disclosure is for the purposes of this Act;

(b)

the recording or disclosure happens in the course of the performance of the duties of the *entrusted person’s *official employment;

(c)

the entrusted person is the *Registrar and the disclosure is to:

(i)

an Agency Head (within the meaning of the Public Service Act 1999) for the purposes of carrying out functions of the Agency (within the meaning of that Act); or

(ii)

the accountable authority of a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 for the purposes of carrying out functions conferred on the entity by a law of the Commonwealth; or

(iii)

another *person for the purpose of that other person carrying out functions under a *taxation law; or

(iv)

the Administrative Review Tribunal in connection with proceedings under a taxation law; or

(vi)

the head (however described) of a Department of State of a State or Territory for the purposes of carrying out functions of the Department; or

(vii)

the head (however described) of a body established for a public purpose by or under a law of a State or Territory (including a local governing body) for the purposes of carrying out functions conferred on the body by a law of the State or Territory; or

(viii)

a prescribed body for the prescribed purposes;

(d)

the disclosure is by a person authorised by the Registrar to disclose the information and the disclosure is made to:

(i)

an Agency Head (within the meaning of the Public Service Act 1999) for the purposes of carrying out functions of the Agency (within the meaning of that Act); or

(ii)

(iii)

another person for the purpose of that other person carrying out functions under an Act administered by the Commissioner of Taxation; or

(iv)

the head (however described) of a Department of State of a State or Territory for the purposes of carrying out functions of the Department; or

(v)

(vi)

a prescribed body for the prescribed purposes;

(e)

the entrusted person is the Registrar and the disclosure:

(i)

is of information relating to an individual who is, or who has been, registered as an *entity’s representative in the *Australian Business Register; and

(ii)

is for the purposes of facilitating the entity’s electronic dealings with *government entities or for maintaining details in the Register.

Note:

A disclosure under paragraph (3)(e) could, for example, be for the purpose of administering or cancelling the representative’s registration.

(4)

Subsection (3) does not authorise the disclosure of information to:

(a)

a Commonwealth Minister; or

(b)

a Minister of a State or Territory; or

(c)

an elected member of a body established under a law of a State or Territory.

(5)

Except where it is necessary to do so for the purpose of giving effect to a *taxation law, the *entrusted person is not to be required:

(a)

to produce any *protected document to a court; or

(b)

to disclose *protected information to a court.

(6)

In this section:

disclose means divulge or communicate.

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