Prohibition on disclosure of protected information
50 Prohibition on disclosure of protected information
A relevant person must not, directly or indirectly, make a record of, disclose or otherwise communicate protected information to an entity unless—
the making of the record, disclosure or other communication is necessary for the purposes of, or in connection with, the exercise of a function under this Act or is otherwise permitted under this Act, or
the protected information is otherwise publicly available, or
the protected information is authorised or required to be disclosed under another Act.
Maximum penalty—10 penalty units.
Protected information is inadmissible in a court and an entity cannot be required, by subpoena or otherwise, to produce or disclose the protected information other than in proceedings, including a prosecution, under or arising out of this Act.
Protected information may be disclosed or otherwise communicated to the Minister, or recorded for that purpose, if the President certifies, in writing, that the disclosure, other communication or making of the record is necessary in the public interest.
This Act’s bill:Explanatory memorandumSecond reading speech
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