Confidential information
41 Confidential information
A person who is, or has been, a relevant person, a member of the superseded Authority, a chief executive officer of the superseded Authority or a superseded Authority employee, must not disclose information that the person knows, or should reasonably know, is confidential information.
Penalty: 120 penalty units.
Subsection (1) does not apply to a person referred to in that subsection who discloses information that the person knows is confidential information in the following circumstances—
for the purposes of any legal proceedings in relation to this Act or the Planning and Environment Act 1987;
to a court or tribunal in the course of a legal proceeding;
pursuant to an order of a court or tribunal;
to the extent reasonably required for any other law enforcement purposes;
for purposes required by law or by or under an enactment.
Without limiting section 42, a certificate signed by the chief executive officer stating that information is confidential information, or was confidential information on a stated day or during a stated period, is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that the information is or was confidential information.
In this section—
confidential information means information that—
the board or the superseded Authority has determined by resolution to be confidential; or
the chief executive officer or the chief executive officer of the superseded Authority has designated in writing to be confidential;
superseded Authority employee means a person who was employed to assist the superseded Authority to carry out its functions and achieve its objectives.
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