Restriction on disclosure
13 Restriction on disclosure
The Commissioner may include a restriction on disclosure in —
a notice under section 5(1) or 6(1) to produce a statement of information or to attend and produce a document or other thing; or
a summons to attend the Commission to give evidence or produce a document or other thing.
A restriction on disclosure is a direction that the person required to comply with the notice or summons must not disclose to any person except a person specified in the notice or summons or a person to whom the information may be disclosed under subsection (4) —
the existence or nature of the notice or summons;
the part or aspect of the Commission’s inquiry to which the notice or summons relates; or
any information from which a person could reasonably be expected to infer the existence or nature of the notice or summons or of the part or aspect of the Commission’s inquiry to which it relates.
A person served with a notice under section 5(1) or 6(1), or a summons to attend the Commission, that includes a restriction on disclosure must comply with the restriction on disclosure.
Penalty: Imprisonment for 12 months and a fine of $4 000.
A person does not contravene subsection (3) if —
the disclosure is made to an employee, agent or other person in order to obtain information to comply with the notice or summons and the employee, agent or other person is directed not to inform the person to whom the information relates about the matter;
the disclosure is made to obtain legal advice or representation in relation to the notice or summons; or
the disclosure is made for the purposes of, or in the course of, legal proceedings.
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