Secrecy
37 Secrecy
Definitions
In this section:
person to whom this section applies means a person who is or was:
the Inspector‑General; or
a member of the Inspector‑General’s staff.
protected document means a document that:
is obtained or made by a person to whom this section applies in the course of, or because of, the person’s functions, powers or duties under or in relation to this Act; and
contains information relating to an entity’s affairs.
protected information means information that:
is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s functions, powers or duties under or in relation to this Act; and
relates to an entity’s affairs.
Protected information may be recorded or disclosed only for purposes of this Act
A person to whom this section applies commits an offence if:
the person:
makes a copy or other record of any protected information or of all or part of any protected document; or
discloses any protected information to another person or to a court or tribunal; or
produces all or part of a protected document to another person or to a court or tribunal; and
in doing so, the person is not acting in the course of performing or exercising functions, powers or duties under or in relation to this Act.
Penalty: Imprisonment for 2 years.
Courts generally cannot require protected information to be disclosed etc.
A person to whom this section applies cannot be required to:
disclose any protected information to a court or tribunal; or
produce all or part of a protected document to a court or tribunal;
unless that disclosure or production is necessary for the purpose of carrying into effect the provisions of this Act.
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