200ASecrecy

#### 200A Secrecy (1) This section applies to a person who: (a) has been, at any time: (i) a member of the Aboriginal and Torres Strait Islander Commission (the former Commission) before the abolition of Commission on ATSIC abolition day; or (ii) a member of a committee that was established by the former Commission to advise it in relation to the performance of its functions; or (iii) the Chief Executive Officer of the former Commission; or (iv) a member of the staff of the former Commission; or (v) engaged as a consultant by the former Commission; or (vi) a member of the body known as the Torres Strait Islander Advisory Board; or (vii) a member of a Regional Council before the abolition of Regional Councils on Regional Councils abolition day; or (viii) a member of an advisory committee established by such a Regional Council to advise it in relation to the performance of its functions; or (ix) an Administrator of such a Regional Council; or (b) is or has been: (i) a member of the TSRA; or (ii) a member of an advisory committee established under section 142M; or (iii) the TSRA Chief Executive Officer; or (iv) a member of the staff of the TSRA; or (v) engaged as a consultant under section 144T; or (vi) a TSRA Administrator; or (c) has been, before ATSIC abolition day, a Director of Evaluation and Audit. (2) Subject to this section, a person to whom this section applies must not, either directly or indirectly: (a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by the first‑mentioned person in the performance of duties in connection with an application for, or the giving of, a loan, grant or guarantee under this Act; or (b) produce to any person a document relating to the affairs of another person furnished in connection with an application for, or the giving of, a loan, grant or guarantee under this Act; unless that record is made, information divulged or document produced: (c) for the purposes of this Act or of a prosecution for an offence against this Act; or (d) if the person is a statutory office holder in, or an officer or employee of, a Department or agency that has taken over a function or functions previously performed by the former Commission—in the performance of the person’s duties as such a statutory office holder, officer or employee. Penalty: Imprisonment for one year. (3) It is a defence to a prosecution for contravening subsection (2), if: (a) in relation to a prosecution for divulging information to a person or body—the information was communicated to a person authorised in writing by the person to whose affairs the document relates to receive the information; or (b) in relation to a prosecution for producing a document to a person or body—the document was produced to a person authorised in writing by the person to whose affairs the document relates to receive the document. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) A person to whom this section applies must not be required: (a) to divulge or communicate to a court any information referred to in subsection (2); or (b) to produce in a court any document referred to in that subsection; except when it is necessary to do so for the purposes of this Act, or of a prosecution for an offence against this Act. (5) A reference in this section to an offence against this Act includes a reference to: (a) an offence relating to this Act against section 6 of the Crimes Act 1914; or (b) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code. (6) In this section: > court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. > produce includes permit access to. > this Act includes the regulations.