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s 260

Confidentiality of information

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Chapter 9Miscellaneous provisions
Part 6Other provisions

260 Confidentiality of information

(1)

This section applies to a person if—

(a)

the person is or has been a public service employee; and

(b)

in that capacity, the person has or had access to, or custody of, any of the following (the designated information)—

(i)

protected information;

(ii)

information given in response to an authorised person’s information requirement;

(iii)

information given to the valuer-general that is not publicly available.

(2)

The person must not—

(a)

make a record of the designated information; or

(b)

whether directly or indirectly, divulge or communicate the designated information; or

(c)

use the designated information to benefit any person.

Maximum penalty—50 penalty units.

(3)

However, subsection (2) does not apply if the record is made, or the designated information is divulged, communicated or used—

(a)

to the extent necessary to perform the person’s functions under or relating to this Act; or

(b)

with the consent of the relevant protected person or the person that gave the information; or

(c)

as required or permitted by law.

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