537Secrecy

#### 537 Secrecy 537 Secrecy > > (1) A person who is, or at any time was, engaged in the administration of this Law or a former Act must not, other than as provided by this section, record, make use of or divulge information obtained in the course of the administration. > > > > Maximum penalty—$6,000. > > > (2) Subsection (1) does not apply to— > > > > > (a) the recording, making use of or divulging of information in the course of the administration of this Law; or > > > > > (b) the recording or making use of information for the purpose of divulging it as permitted by subsection (3) or (4); or > > > > > (c) the divulging of information as permitted by subsection (3) or (4). > > > (3) Information may be divulged— > > > > > (a) for the purposes of criminal proceedings; or > > > > > (b) for the purposes of proceedings under this Law or a corresponding co-operatives law or of an inquiry authorised by legislation of this jurisdiction or of another jurisdiction; or > > > > > (c) with the consent of the person to whom the information relates; or > > > > > (d) under a requirement imposed under legislation of this jurisdiction or of another jurisdiction; or > > > > > (e) under a reciprocal arrangement under sections 616 and 617. > > > (4) Information may be divulged to— > > > > > (a) the Minister; or > > > > > (b) the Registrar or a participating Registrar; or > > > > > (c) a person specified in the Co-operatives National Law Act of this jurisdiction (subject to any conditions or limitations specified in that Act) for the purposes of this paragraph; or > > > > > > Note— > > > > > > This paragraph is intended to cover the Treasurer, Auditor-General, Independent Commission Against Corruption, etc. > > > > > (d) the person who, under a law of this jurisdiction or another jurisdiction, administers a law of the jurisdiction that relates to taxation or the imposition of a duty; or > > > > > (e) the Commissioner of Taxation, a Second Commissioner of Taxation or a Deputy Commissioner of Taxation holding office under a law of the Commonwealth; or > > > > > (f) ASIC; or > > > > > (g) a person nominated by a person referred to in paragraphs (a)–(f); or > > > > > (h) a person seeking information under a reciprocal arrangement under section 616 or 617; or > > > > > (i) a police officer exercising functions as a police officer; or > > > > > (j) a person, to whom the Registrar considers it is in the public interest that the information be divulged. > > > (5) For the purposes of this section, a person is, or was, engaged in the administration of this Law or a former Act if the person exercises, or at any time exercised, a function as— > > > > > (a) the Registrar holding office under this Law or a former Act; or > > > > > (b) an inspector appointed under this Law or a former Act; or > > > > > (c) an investigator appointed under this Law or a former Act; or > > > > > (d) a person appointed or employed for the purposes of this Law or a former Act. > > > (6) In this section— > > > > divulge information means— > > > > > (a) communicate the information orally; or > > > > > (b) make available a document containing the information; or > > > > > (c) make available anything from which, by electronic process or otherwise, the information may be obtained; or > > > > > (d) communicate the information in another way. > > > > former Act means an Act specified in the Co-operatives National Law Act of this jurisdiction for the purposes of this definition.