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Business Tenancies (Fair Dealings) Act 2003
132GUnauthorised disclosure of information
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132G Unauthorised disclosure of information
(1) A person commits an offence if:
(a) the person is a party to negotiations between a landlord and a
tenant or is acting on behalf of such a party; and
(b) the negotiations take place during the emergency period; and
(c) the negotiations seek to adjust the terms of an arrangement
for the occupation of premises for business purposes; and
Business Tenancies (Fair Dealings) Act 2003 78
(d) the person intentionally or recklessly discloses information
about the other party's financial situation that was obtained in
the course of the negotiations.
Maximum penalty: 500 penalty units or imprisonment for
5 years.
(2) A person does not commit an offence against subsection (1) if:
(a) the disclosure is:
(i) necessary for the administration of this Act; or
(ii) for a legal proceeding; or
(iii) for obtaining legal advice from a legal practitioner; or
(iv) to report suspected illegal conduct to a government
organisation with responsibility for investigating that kind
of illegal conduct; or
(v) with the consent of the other party; or
(b) the person has knowledge of the information independently
from obtaining the information in the course of the
negotiations.
(3) For subsection (1), it is immaterial whether the disclosure was
made during, or after, the emergency period.