127ASecrecy

#### 127A Secrecy (1) Subject to this section, a person who was at any time: (a) appointed for the purposes of a law specified in an application order; or (b) engaged as a member of the staff of the NCSC; or (c) authorised to perform or exercise any function or power of the NCSC or any function or power on behalf of the NCSC; must not, except to the extent necessary to perform his or her official duties, or to perform or exercise such a function or power, either directly or indirectly, make a record of, or disclose to any person, any information that is or was acquired by him or her because of having been so appointed, engaged or authorised, or make use of any such information, for any purpose other than the performance of his or her official duties or the performance or exercise of that function or power. Penalty: 50 penalty units or imprisonment for one year, or both. (2) Nothing in subsection (1) precludes a person from: (a) producing a document to a court in the course of criminal proceedings or in the course of any proceedings under the National Companies and Securities Commission Act 1979 or under a prescribed law or national scheme law of this or any other jurisdiction; or (b) disclosing to a court in the course of any proceedings referred to in paragraph (a) any matter or thing that came under his or her notice in the performance of official duties or in the performance of a function or the exercise of a power referred to in that subsection; or (c) producing a document or disclosing information to a person to whom, in the opinion of the Commission, it is in the public interest that the document be produced or the information be disclosed; or (d) producing a document or disclosing information that is required or permitted by any Act of this or any other jurisdiction to be produced or disclosed, as the case may be; or (e) producing a document or disclosing information to the Commission. (3) The following table sets out prescribed laws of this and the other jurisdictions for the purposes of paragraph (2)(a): | Acts of the Commonwealth | Companies Act 1981Companies (Acquisition of Shares) Act 1980Futures Industry Act 1986Securities Industry Act 1980 | | -------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | Acts of New South Wales | Companies Act 1961Companies (Application of Laws) Act 1981Companies (Acquisition of Shares) (Application of Laws) Act 1981Futures Industry (Application of Laws) Act 1986National Companies and Securities Commission (State Provisions) Act 1981Securities Industry Act 1975Securities Industry (Application of Laws) Act 1981 | | Acts of the Northern Territory | Companies Act 1963Companies (Acquisition of Shares) (Application of Laws) Act 1986Companies (Application of Laws) Act 1986Futures Industry (Application of Laws) Act 1986National Companies and Securities Commission (Northern Territory Provisions) Act 1986Securities Industry (Application of Laws) Act 1986 | | Acts of Queensland | Companies Act 1961Companies (Application of Laws) Act 1981Companies (Acquisition of Shares) (Application of Laws) Act 1981Company Takeovers Act 1979Futures Industry (Application of Laws) Act 1986National Companies and Securities Commission (State Provisions) Act 1981Securities Industry Act 1975Securities Industry (Application of Laws) Act 1981 | | Acts of South Australia | Companies Act 1962‑1982Companies (Application of Laws) Act 1982Companies (Acquisition of Shares) (Application of Laws) Act 1981Company Take‑overs Act 1980Futures Industry (Application of Laws) Act 1986National Companies and Securities Commission (State Provisions) Act 1981Securities Industry Act 1979‑1980Securities Industry (Application of Laws) Act 1981 | | Acts of Tasmania | Companies Act 1962Companies (Application of Laws) Act 1982Companies (Acquisition of Shares) (Application of Laws) Act 1981Futures Industry (Application of Laws) Act 1987National Companies and Securities Commission (State Provisions) Act 1981Securities Industry (Application of Laws) Act 1981 | | Acts of Victoria | Companies Act 1961Companies (Application of Laws) Act 1981Companies (Acquisition of Shares) (Application of Laws) Act 1981Futures Industry (Application of Laws) Act 1986National Companies and Securities Commission (State Provisions) Act 1981Securities Industry Act 1975Securities Industry (Application of Laws) Act 1981 | | Acts of Western Australia | Companies Act 1961Companies (Application of Laws) Act 1981Companies (Acquisition of Shares) (Application of Laws) Act 1981Company Take‑overs Act 1979Futures Industry (Application of Laws) Act 1986Securities Industry Act 1975Securities Industry (Application of Laws) Act 1981Securities Industry (Release of Sureties) Act 1977 | | Acts and Ordinances of the Capital Territory | Companies Ordinance 1962 |