Co-operatives Act 2009

In this section —

to communicate the information orally; or

to make available a document containing the information; or

to make available anything from which, by electronic process or otherwise, the information may be obtained; or

to communicate the information in any other manner;

A person who is, or at any time was, engaged in the administration of this Act or a repealed Act must not, except as provided by this section, record, make use of or divulge information obtained in the course of the administration.

Subsection (2) does not apply to —

the recording, making use of or divulging of information in the course of the administration of this Act; or

the recording or making use of information for the purpose of divulging it as permitted by subsection (4) or (5); or

the divulging of information as permitted by subsection (4).

Information may be divulged —

for the purposes of criminal proceedings; or

for the purposes of any proceedings under this Act or a corresponding co‑operatives law or of an inquiry authorised by legislation of this State or of another jurisdiction; or

with the consent of the person to whom the information relates; or

under a requirement imposed under legislation of this State or of another jurisdiction; or

under section 381; or

under a reciprocal arrangement under section 485.

Information may be divulged to —

the Minister; or

the Registrar or a participating Registrar; or

the Treasurer; or

the Commissioner of State Revenue; or

the Auditor General; or

the Commissioner of Taxation, a Second Commissioner of Taxation or a Deputy Commissioner of Taxation holding office under a law of the Commonwealth; or

the Australian Securities and Investments Commission; or

the person who, under a law of another jurisdiction, administers a law of the jurisdiction that relates to taxation or the imposition of a duty; or

the Corruption and Crime Commission if the Registrar has received a written request, under the Corruption, Crime and Misconduct Act 2003 for the information; or

a person seeking information under an arrangement under section 381 or 485; or

a police officer exercising functions as a police officer; or

a person nominated by a person referred to in paragraphs (a) to (g); or

any person, to whom, in the opinion of the Registrar, it is in the public interest that the information be divulged.

For the purposes of this section, a person is, or was, engaged in the administration of this Act or a repealed Act if the person exercises, or at any time exercised, a function as —

the Registrar holding office under this Act or a repealed Act; or

an inspector appointed under this Act or a repealed Act; or

an investigator appointed under this Act; or

a person appointed or employed for the purposes of this Act or a repealed Act.