Confidentiality of information
217B Confidentiality of information
This section applies to a person who—
is, or has been, any of the following—
the chief executive;
an inspector or official observer;
a public service employee;
a local government or prescribed entity;
an officer or employee of a local government or prescribed entity;
an officer or employee of the Commonwealth or another State;
a person to whom an entity mentioned in subparagraph (iv), (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; and
obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.
The person must not use or disclose the confidential information unless the use or disclosure is—
in the performance of a function or exercise of a power under this Act; or
with the consent of the person to whom the information relates; or
otherwise required or permitted by law.
Maximum penalty—50 penalty units.
In this section—
confidential information—
means any information that—
could identify an individual; or
is about a person’s current financial position or financial background; or
would be likely to damage the commercial activities of a person to whom the information relates; but
does not include—
information that is publicly available; or
statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.
prescribed entity means an entity prescribed under—
section 222(1)(b); or
section 21(1)(c), as in force before its repeal by the Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.