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s 41

Confidentiality of information

In force
Part 5General
Division 1General provisions

41 Confidentiality of information

(1)

This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act.

(2)

The person must not do any of the following—

(a)

disclose to anyone else—

(i)

the information; or

(ii)

the contents of or information contained in the document;

(b)

give access to the document to anyone else;

(c)

use the information or document for any purpose.

Maximum penalty—100 penalty units.

(3)

Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document—

(a)

about a person, with the person’s consent; or

(b)

that is necessary for the exercise of a power or function under this Act; or

(c)

that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use—

(i)

is necessary for administering, or monitoring or enforcing compliance with, this Act; or

(ii)

is necessary for the administration or enforcement of another Act or law prescribed under a regulation; or

(iii)

is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or

(iv)

is required for the exercise of a power or function under a corresponding law; or

(d)

that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or

(e)

that is required or authorised under a law; or

(f)

to a Minister.

(4)

A person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless—

(a)

the disclosure is made with the consent of the complainant; or

(b)

the disclosure is required under a law.

Maximum penalty—100 penalty units.

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