First Home Owner Grant Act 2000

A person is subject to a duty of confidentiality under this section if —

the person is, or has been, engaged in the administration of this Act; or

the person has obtained access to confidential information, whether directly or indirectly, from a person referred to in paragraph (a).

A person who is subject to a duty of confidentiality under this section must not record, disclose or make use of confidential information except —

for a purpose related to the administration or enforcement of —

this Act or a corresponding law; or

another Act administered by the Commissioner or under which the Commissioner exercises statutory functions; or

a taxation law;

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

for the purpose of proceedings, or a report of proceedings, arising out of this Act, a taxation Act as defined in the Taxation Administration Act 2003 or a corresponding law, to which —

the Commissioner is a party, or in respect of proceedings arising out of a corresponding law, the corresponding Commissioner is a party; and

the person to whom the information relates is a party.

This section does not prevent —

the disclosure of information or material in connection with the investigation or prosecution of a criminal offence to —

the Director of Public Prosecutions for a State or the Commonwealth; or

an officer of the police force of a State or the Commonwealth; or

an officer of the Australian Securities and Investments Commission; or

an officer of another law enforcement agency established under a law of a State or the Commonwealth that is authorised by the regulations to receive confidential information under this paragraph;

the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates; or

the disclosure of information or material in other circumstances in which its disclosure is permitted by the regulations.

Information or material that has restrictions on its disclosure imposed under another Act remains subject to those restrictions despite the information or material being obtained by the Commissioner, and such information or material may only be disclosed under subsection (2) to the extent that the disclosure is consistent with those restrictions.

If confidential information is lawfully disclosed under this section, this section does not prevent the further disclosure of the confidential information, or the recording or use of it, for the purpose for which the disclosure was made.

A court cannot require a person who is subject to a duty of confidentiality under this section to give evidence, or to produce material, contrary to this section, except in proceedings arising from the lawful disclosure of confidential information.

In this section —