Disclosure of information
161 Disclosure of information
A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made—
with the consent of the person from whom the information was obtained, or
in connection with the administration or execution of this Act, or
for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or
in accordance with a requirement imposed under the Ombudsman Act 1974, the Government Information (Public Access) Act 2009 or the Independent Commission Against Corruption Act 1988, or
to a regulatory officer or law enforcement officer, for the purposes of assisting the officer in the exercise of the officer’s functions, or
as otherwise authorised by this section or the regulations, or
with other lawful excuse.
Maximum penalty—20 penalty units or imprisonment for 6 months, or both.
The Secretary may communicate to any person directly concerned in any transaction with a licensee in connection with his or her conveyancing business any information furnished to the Secretary in connection with the administration or execution of this Act, in so far as it relates to any such transaction and directly concerns any such person.
The Secretary may request and receive information from a law enforcement officer or regulatory officer for the purpose of assisting the Secretary in the exercise of functions under this Act or under any other Act administered by the Minister.
The Secretary may enter into agreements and other arrangements for the sharing or exchange of information as authorised by this section.
In this section—
law enforcement officer means—
a member of the NSW Police Force, the Australian Federal Police or of the police force of another State or a Territory, or
the Director of Public Prosecutions or the Crown Prosecutor of the State or the Director of Public Prosecutions or the Crown Prosecutor of the Commonwealth or of another State or Territory, or
any other person, or officer of an authority, responsible for the investigation or prosecution of offences under laws of the State, the Commonwealth, another State or a Territory.
regulatory officer means an officer or employee of a government agency (including the government of a jurisdiction outside the State and outside Australia) exercising functions under an enactment with respect to fair trading or an enactment that provides for the issue of licences or other authorities in connection with the undertaking of an activity regulated under the enactment.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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