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s 50

Confidentiality of information

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Part 7Miscellaneous

50 Confidentiality of information

(1)

A person who obtains information or gains access to a document in exercising a power or function under this Act must not—

(a)

disclose to another person—

(i)

the information; or

(ii)

the contents of or information contained in the document; or

(b)

give access to the document to another person; or

(c)

use the information or document for any purpose. Maximum penalty: Maximum penalty:

(a)

in the case of an individual—$10 000;

(b)

in the case of a body corporate—$50 000.

(2)

Subsection (1) 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 Commissioner or a person authorised by the Commissioner if the Commissioner reasonably believes the disclosure, access or use—

(i)

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

(ii)

is necessary for administering, monitoring or enforcing compliance with a relevant law; or

(iii)

is necessary for the administration or enforcement of another Act or law prescribed by the regulations; or

(iv)

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 to otherwise protect the public interest; or

(d)

that is required by a 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.

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