Secrecy
97 Secrecy
(1) This section applies to a person who is, or has been, the Commissioner or a person employed or engaged in the administration of this Act.
The person commits an offence if:
the person:
(i) records any information (protected information) obtained because of the performance of a function or exercise of a power under this Act; or
(ii) directly or indirectly discloses protected information to another person; and
(b) the recording or disclosure is not part of the performance of a function or exercise of a power under a law in force in the Territory.
Maximum penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.
Subsection (2) does not apply if the recording or disclosure:
(a) is made with the consent of the person from whom the information was obtained; or
is made to a law enforcement agency (including the Police Force).
(4) A person to whom this section applies is not required to disclose protected information or produce any document containing protected information to a court unless it is necessary to do so for a law in force in the Territory.
(5) A reference in subsection (4) to a court includes a reference to anyone who may require the production of documents or the answering of questions.
This Act’s bill:Second reading speech
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