Committee must only use information etc. for purposes for which disclosed
50-35 Committee must only use information etc. for purposes for which disclosed
Offence
A person commits an offence if:
the person is or was a member of a committee convened under this Part; and
information or a document is or was disclosed to the person for the purposes of exercising powers or performing functions as a member of the committee; and
the person uses or discloses the information or document.
Penalty: 50 penalty units.
Exception—information or document disclosed to ASIC or another committee etc.
Subsection (1) does not apply if the information or document:
is used or disclosed by the person for the purposes of exercising powers or performing functions as a member of the committee mentioned in subsection (1); or
is disclosed:
to ASIC to assist ASIC to exercise its powers or perform its functions under Chapter 5 of the Corporations Act 2001 or the Insolvency Practice Schedule (Corporations); or
to a committee convened under Part 2 of the Insolvency Practice Schedule (Corporations) to assist the committee to exercise its powers or perform its functions under that Part; or
to another committee convened under this Part to assist the committee to exercise its powers or perform its functions under this Part; or
to enable or assist a body prescribed for the purposes of this paragraph to perform its disciplinary function in relation to its members; or
in order to enable or assist an authority or person in a State or Territory, or a foreign country, to perform or exercise a function or power that corresponds, or is analogous, to any of the committee’s or the Inspector‑General’s functions and powers; or
to a court or tribunal in relation to proceedings before the court or tribunal.
A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Chapter 5 of the Corporations Act 2001 deals with external administration of companies.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.