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