173I

Confidentiality

In force

(1)

A person is bound by this section if the person is, or has at any time been—

(a)

a contractor; or

(b)

a sub-contractor; or

(c)

a person employed by, or engaged to provide services for, a contractor or sub-contractor; or

(d)

authorised by the Secretary under section 173H(2).

(2)

A person bound by this section must not directly or indirectly, except in the exercise of powers or performance of functions in connection with a contractor's operations under an administrative services agreement—

(a)

make a record of, or divulge to any person, any information acquired by reason of being a person referred to in subsection (1); or

(b)

make use of any such information for a purpose other than in the exercise of those powers or performance of those functions.

Penalty: 100 penalty units.

(3)

Nothing in subsection (2) prevents a person bound by this section from—

(a)

producing a document to a court or a relevant body in the course of any criminal or civil proceeding; or

(b)

divulging to a court or a relevant body any information that has come to the notice of the person by reason of being a person referred to in subsection (1).

(4)

In this section—

produce includes permit access to;

relevant body includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

This Act’s bill:Explanatory memorandum Second reading speech

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