72BSecrecy

72B Secrecy

(1) A person to whom this section applies must not, except to the extent necessary to carry out that person's duties, give to any other person any information of which that person has knowledge through the carrying out of those duties or make use of that information except in the course of carrying out those duties.

1. $2000 or imprisonment for one year or both.

(2) Nothing in subsection (1) precludes a person to whom this section applies from—

(a) producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act; or

(b) divulging or communicating to a court in the course of any proceedings referred to in paragraph (a) any matter or thing coming under the notice of the person in the performance of official duties or in the performance of a function or the exercise of a power referred to in subsection (1); or

(c) producing a document or divulging or communicating information to—

(i) the Minister or a nominee of the Minister; or

(ii) the Registrar; or

(iii) a person appointed or employed by the Registrar for the purpose of carrying out the duties of the Registrar under this Act; or

S. 72B(2)(c)(iv) substituted by No. 35/2000 s. 44, amended by No. 30/2003 s. 83.

(iv) the Director of Consumer Affairs Victoria; or

(v) the Commissioner of Corporate Affairs; or

(vi) the Commissioner, Second Commissioner or a Deputy Commissioner under any law of the Commonwealth relating to taxation or to any person authorised by the Commissioner or Second Commissioner or a Deputy Commissioner; or

(vii) the Commissioner of State Revenue; or

(viii) the Commissioner or any other officer of any State or Territory of the Commonwealth administering any law of that State or Territory relating to taxation or to any person authorised by the Commissioner or any other officer; or

(ix) the Treasurer or a nominee of the Treasurer; or

S. 72B(2)(c)(x) repealed by No. 67/2014 s. 147(Sch. 2 item 10.3).

S. 72B(2)(c)(xi) amended by No. 37/2014 s. 10(Sch. item 20.2).

(xi) a police officer engaged in his or her official duties; or

(xii) the Australian Securities and Investments Commission; or

(xiii) the Australian Prudential Regulation Authority; or

(d) producing a document or divulging or communicating information that is required or permitted by any Act to be produced, divulged or communicated, as the case may be, if, where the document or information relates to the personal affairs of another person, that other person has given consent in writing; or