124ASecrecy

#### 124A Secrecy 124A Secrecy > > (1) This section applies to every person who is or has been— > > > > > (a) a member of the Board, or > > > > > (b) a member of staff of the Board within the meaning of section 86 (2), or > > > > > (c) a member of staff of the President within the meaning of section 94C (2), or > > > > > (d) any other person acting under the authority of the Board, or > > > > > (e) an academic or other person referred to in section 119 (1) (h). > > > (2) This section applies to information concerning the affairs of any person that is or has been obtained by a person to whom this section applies— > > > > > (a) in the course of exercising functions under this Act, or > > > > > (b) as a result of another person exercising functions under this Act, > > > > unless the information is otherwise publicly available or is information the disclosure of which is authorised or required under a provision of another Act. > > > (3) A person to whom this section applies must not, either directly or indirectly, make a record of, disclose or communicate to any person any information to which this section applies unless it is necessary to do so for the purposes of, or in connection with, the exercise of a function under this Act or is otherwise permitted by this Act. > > > > Maximum penalty—10 penalty units. > > > (4) Information concerning the affairs of any person that is or has been obtained by a person to whom this section applies— > > > > > (a) in the course of exercising functions under this Act, or > > > > > (b) as a result of another person exercising functions under this Act, > > > > is inadmissible in a court and a person cannot be required, by subpoena or otherwise, to produce or disclose it except in proceedings (including any prosecution) under or arising out of this Act. > > > (5) Information to which this section applies may be disclosed or communicated to the Minister, or recorded for that purpose, if the President certifies in writing that it is necessary to do so in the public interest. > > > (6) In this section— > > > > court includes a tribunal having power to require the production of documents or the answering of questions. > > > > produce includes permit access to. > > **s 124A:** Ins 2004 No 79, Sch 2 \[4\]. Am 2009 No 37, Sch 1.2 \[3\]; 2015 No 58, Sch 3.8 \[9\].