19Secrecy

19 Secrecy

(1) A person commits an offence if: (a) the person is, or has been, the Statistician or an officer; and (b) the person, either directly or indirectly, divulges or communicates to another person (other than the person from whom the information was obtained) any information given under this Act.

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

(2) Subsection (1) does not apply if the person divulges or communicates the information: (a) in accordance with a determination under section 13; or (b) for the purposes of this Act.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

(3) A person commits an offence if: (a) the person gives an undertaking of a kind mentioned in paragraph 13(2)(c), in relation to information disclosed to the person in accordance with a determination; and (b) the person fails to comply with the undertaking.

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