164Disclosure of information

164 Disclosure of information (1) A person commits an offence if the person discloses information obtained by the person in connection with the administration of this Act. (3) Subsection (1) does not apply in relation to a disclosure made— (a) with the consent of the person who provided the information; or (b) as part of the exercise of a function under this Act; or (c) for a legal proceeding arising out of this Act or a report of the proceeding; or (d) to a regulatory officer or law enforcement officer, to help the officer in the exercise of the officer’s functions; or (e) as otherwise prescribed by regulation; or (f) under another territory law or a law of the Commonwealth. (4) This section does not apply to the disclosure by the commissioner for fair trading to a person directly involved in a transaction with a licensed agent, of information that relates to the transaction and directly concerns the person. (5) This section does not apply to the disclosure of information to the commissioner for fair trading by a law enforcement officer or regulatory officer helping the commissioner in the exercise of functions under this Act if the commissioner has asked for disclosure of the information. (6) The commissioner for fair trading may enter into agreements and other arrangements for the sharing or exchange of information relating to the activities of agents and this section does not apply to the disclosure of information under an agreement or arrangement entered into under this subsection.

Administration Part 11 (7) In this section— information means information that is not on the register. law enforcement officer means— (a) a police officer or a member of the police service or force of a State; or (b) the director of public prosecutions, or the director of public prosecutions or prosecutor of the Commonwealth or a State; or (c) a person, or an officer of an authority, responsible for the investigation or prosecution of offences against a territory law, or the law of the Commonwealth or a State. regulatory officer means an officer or employee of a government agency (including the government of a jurisdiction outside the ACT or outside Australia) exercising functions under a law about fair trading or a law that provides for the issue of authorities (however called) in relation to the undertaking of an activity regulated under the law.