Secrecy
90 Secrecy
This section applies to a person who is or has been:
a Board member; or
a person mentioned in section 59(a), (b) or (c).
The person must not:
(a) record any information obtained by the person in exercising a power or performing a function under this Act; or
(b) disclose any such information to a person or body (including a court); or
(c) publish all or part of a document obtained by the person in exercising a power or performing a function under this Act; or
(d) produce to a court a document or any other thing obtained by the person in exercising a power or performing a function under this Act.
Subsection (2) does not apply in relation to:
(a) any recording, disclosure, publishing or production that is part of the exercise of a power or the performance of a function under this Act; or
(b) any recording, disclosure, publishing or production in relation to the administration of this Act; or
any recording, disclosure, publishing or production for:
(i) a person who is the subject of the information, document or thing; or
(ii) another person with the consent of the person mentioned in subparagraph (i) (whether the consent has been given expressly or by implication); or
a person prescribed by the Regulations.
(4) A person who fails to comply with subsection (2) is guilty of an offence.
Maximum penalty: If the offender is a natural person – 400 penalty units or imprisonment for 2 years.
If the offender is a body corporate – 2 000 penalty units.
This provision refers to the regulations (prescribed by the Regulations
). Made under this Act:
This Act’s bill:Second reading speech
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