26Secrecy

26 Secrecy

(1) This section applies to a person who is or has been:

(a) a member of the Council;

(b) a member of a committee appointed under section 24;

(c) a member of the staff of the Council;

(d) an officer or employee of a Commonwealth authority performing services for the Council; or

(e) a consultant to the Council.

(2) A person to whom this section applies shall not, either directly or indirectly, except for the purposes of this Act or with the permission of the Council:

(a) make a record of, or divulge or communicate to any person, any information acquired by reason of his office or appointment under this Act or in the performance of his duties, or the exercise of his powers or functions, under or in connexion with this Act; or

(b) produce to any person a document supplied to, lodged with or otherwise acquired by, the Council under this Act.

Penalty: $1,000 or imprisonment for 3 months.

(3) The Council shall not give permission under subsection (2) in relation to any information or document received by the Council in confidence unless the information or document is obtainable by the Council otherwise than in confidence. (4) Where the Minister is satisfied that the granting of permission by the Council under subsection (2) in relation to any information or any document would be contrary to the public interest by reason that it would prejudice the security, defence or international relations of the Commonwealth or relations between the Commonwealth and any State, he may, by notice in writing, require the Council not to give permission under that subsection in relation to that information or that document without his consent, and the Council shall comply with that requirement. (5) Where particular information or a particular document is not information or a document in relation to which permission has been given by the Council under subsection (2), a person to whom this section applies shall not be required to divulge or communicate the information to a court or produce the document in a court except where it is necessary to do so for the purposes of this Act, or for the purposes of proceedings under or arising out of this Act. (6) The Council may give permission under subsection (2), and the Minister may give a direction under subsection (4), in relation to particular information or information included in specified classes of information or in relation to a particular document or documents included in specified classes of documents. (7) In this section:

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

document includes any record of information, however recorded or stored, whether in written or printed form, or film, by electronic means or otherwise.