Confidentiality
124 Confidentiality
A person engaged or formerly engaged in the administration of this
Act or the repealed Act must not divulge or communicate information obtained (whether by that person or otherwise) in the course of official duties except—
as required or authorised by or under this Act or any other Act or law; or
with the consent of the person to whom the information relates;
or
in connection with the administration of this Act, the repealed Act or a corresponding law; or
to a law enforcement, prosecution or administrative authority of any Australian jurisdiction, where the information is required for the proper administration or enforcement of an Act or law of such a jurisdiction;
or
for the purposes of any legal proceedings arising out of the administration of this Act, the repealed Act or a corresponding law. Maximum penalty: Maximum penalty: $10 000.
Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.
Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—
the person to whom the information was disclosed; or
any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. Maximum penalty: Maximum penalty: $10 000.
Despite any other law to the contrary, the Minister, the Director or any other person to whom a return is provided under this Act by the holder of a fishery licence or other authority cannot be required by subpoena or otherwise to produce to a court or the Tribunal any information contained in such a return.
In this section—
Australian jurisdiction means the Commonwealth or a State or Territory of the
Commonwealth.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.