sec.104Secrecy

sec.104 Secrecy

In this section— court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. person to whom this section applies means a person who is or has been— a director of the board; or a person performing work on behalf of the authority. produce includes permit access to. protected document means a document that— contains information that concerns a person; and is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duty under or in relation to the administration of this Act. protected information means information that— concerns a person; and is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duty under or in relation to the administration of this Act. A person to whom this section applies must not— make a record of any protected information; or whether directly or indirectly, divulge or communicate to a person any protected information concerning another person; unless the record is made, or the information is divulged or communicated— under or for the purposes of the administration of this Act; or in the performance of duties, as a person to whom this section applies, under or for the purposes of the administration of this Act. Maximum penalty—40 penalty units. Subsection (2) does not prevent a person from divulging or communicating information to a corresponding authority, or a member, officer or employee of a corresponding authority, for the purpose of the administration of this Act or a corresponding law. Subsection (2) does not apply to disclosure of information— for the purposes of this Act; or with the authorisation of the Minister; or ordered by a court to be disclosed for the purposes of proceedings before it; or required by law to be disclosed. s 104 amd 1993 No. 66 s 3 sch (sec.104-ssec.1) In this section— court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. person to whom this section applies means a person who is or has been— a director of the board; or a person performing work on behalf of the authority. produce includes permit access to. protected document means a document that— contains information that concerns a person; and is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duty under or in relation to the administration of this Act. protected information means information that— concerns a person; and is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duty under or in relation to the administration of this Act. (sec.104-ssec.2) A person to whom this section applies must not— make a record of any protected information; or whether directly or indirectly, divulge or communicate to a person any protected information concerning another person; unless the record is made, or the information is divulged or communicated— under or for the purposes of the administration of this Act; or in the performance of duties, as a person to whom this section applies, under or for the purposes of the administration of this Act. Maximum penalty—40 penalty units. (sec.104-ssec.3) Subsection (2) does not prevent a person from divulging or communicating information to a corresponding authority, or a member, officer or employee of a corresponding authority, for the purpose of the administration of this Act or a corresponding law. (sec.104-ssec.4) Subsection (2) does not apply to disclosure of information— for the purposes of this Act; or with the authorisation of the Minister; or ordered by a court to be disclosed for the purposes of proceedings before it; or required by law to be disclosed.