20Constraints on access to information not to apply

20 Constraints on access to information not to apply

(1)  An obligation to maintain secrecy or any other restriction on the disclosure of a document or information by an Agency, imposed by or under an Act or rule of law, does not apply to –

(a) the disclosure of documents or information required by the Implementation Monitor under section 15 ; or

(b) documents or information obtained by the Implementation Monitor under section 17 .

(2)  The Implementation Monitor, or any other person who has access to documents or information of the Implementation Monitor as part of the person’s employment or duties with the Implementation Monitor, must not disclose the documents or information obtained in accordance with this Act, except –

(a) as may be required for the purposes of the administration, or operation, of this Act; or

(b) as may be required in connection with any lawful requirement under this Act, or any other Act, to disclose the information; or

(c) as may be required in connection with any proceedings under this Act, or any other Act, in respect of an offence; or

(d) in the prescribed circumstances.

Penalty:  Fine not exceeding 50 penalty units.

(3)  Despite subsection (2) or any other law to the contrary, the Implementation Monitor may include in a report, by the Implementation Monitor under this Act, any information obtained in the course of the performance of the functions of the Implementation Monitor, other than the following information:

(a) information that is unable to be requested by the Implementation Monitor by virtue of section 16 ;

(b) information that is not to be disclosed under section 25(2) ;

(c) other prescribed information.