107Disclosure to certain agencies, bodies and persons

107 Disclosure to certain agencies, bodies and persons

Scope (1) This section applies if the Authority is satisfied that particular protected information will enable or assist any of the following agencies, bodies or persons: (a) the Australian Communications and Media Authority; (b) the Australian Competition and Consumer Commission; (c) the Australian Prudential Regulation Authority; (d) the Australian Securities and Investments Commission; (e) the National Competition Council; (f) the Productivity Commission; (g) the Australian Statistician; (h) the Commissioner of Taxation; (i) the Australian Competition Tribunal; (j) the Director of Public Prosecutions; (k) the Australian Transaction Reports and Analysis Centre; (l) the Reserve Bank of Australia; (m) Industry Capability Network Limited (ACN 068 571 513); (n) the Comptroller‑General of Customs (within the meaning of the Customs Act 1901); (o) a State/Territory government body whose functions include a function that corresponds to a function of the Authority; (p) a designated State/Territory government body; (q) a designated professional disciplinary body; to perform or exercise any of the functions or powers of the agency, body or person. Disclosure (2) If an entrusted official is authorised by the Authority, in writing, for the purposes of this section, the official may disclose that protected information to the agency, body or person concerned. (3) The Authority may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (2). (4) A person commits an offence if: (a) the person is subject to a condition under subsection (3); and (b) the person engages in conduct; and (c) the person’s conduct breaches the condition.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(5) An instrument under subsection (3) is not a legislative instrument. Designated professional disciplinary bodies (6) A person commits an offence if: (a) the person is: (i) a designated professional disciplinary body; or (ii) a member of a designated professional disciplinary body; and (b) protected information has been disclosed under subsection (2) to the body; and (c) the person: (i) discloses the information to another person; or (ii) uses the information; and (d) the disclosure or use is not: (i) with the consent of the Authority; or (ii) for the purpose of deciding whether or not to take disciplinary or other action; or (iii) for the purpose of taking disciplinary or other action.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Designated State/Territory government body (7) The legislative rules may declare that a specified State/Territory government body is a designated State/Territory government body for the purposes of this section. Designated professional disciplinary body (8) The legislative rules may declare that a specified professional disciplinary body is a designated professional disciplinary body for the purposes of this section.