sec.537Secrecy

sec.537 Secrecy

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. Subsection (1) does not apply to— the recording, making use of or divulging of information in the course of the administration of this Law; or the recording or making use of information for the purpose of divulging it as permitted by subsection (3) or (4) ; or the divulging of information as permitted by subsection (3) or (4) . Information may be divulged— for the purposes of criminal proceedings; or 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 with the consent of the person to whom the information relates; or under a requirement imposed under legislation of this jurisdiction or of another jurisdiction; or under a reciprocal arrangement under sections 616 and 617 . Information may be divulged to— the Minister; or the Registrar or a participating Registrar; or 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 This paragraph is intended to cover the Treasurer, Auditor-General, Independent Commission Against Corruption, etc. 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 the Commissioner of Taxation, a Second Commissioner of Taxation or a Deputy Commissioner of Taxation holding office under a law of the Commonwealth; or ASIC; or a person nominated by a person referred to in paragraphs (a) – (f) ; or a person seeking information under a reciprocal arrangement under section 616 or 617 ; or a police officer exercising functions as a police officer; or a person, to whom the Registrar considers it is in the public interest that the information be divulged. 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— the Registrar holding office under this Law or a former Act; or an inspector appointed under this Law or a former Act; or an investigator appointed under this Law or a former Act; or a person appointed or employed for the purposes of this Law or a former Act. In this section— divulge information means— communicate the information orally; or make available a document containing the information; or make available anything from which, by electronic process or otherwise, the information may be obtained; or 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. (sec.537-ssec.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. (sec.537-ssec.2) Subsection (1) does not apply to— the recording, making use of or divulging of information in the course of the administration of this Law; or the recording or making use of information for the purpose of divulging it as permitted by subsection (3) or (4) ; or the divulging of information as permitted by subsection (3) or (4) . (sec.537-ssec.3) Information may be divulged— for the purposes of criminal proceedings; or 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 with the consent of the person to whom the information relates; or under a requirement imposed under legislation of this jurisdiction or of another jurisdiction; or under a reciprocal arrangement under sections 616 and 617 . (sec.537-ssec.4) Information may be divulged to— the Minister; or the Registrar or a participating Registrar; or 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 This paragraph is intended to cover the Treasurer, Auditor-General, Independent Commission Against Corruption, etc. 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 the Commissioner of Taxation, a Second Commissioner of Taxation or a Deputy Commissioner of Taxation holding office under a law of the Commonwealth; or ASIC; or a person nominated by a person referred to in paragraphs (a) – (f) ; or a person seeking information under a reciprocal arrangement under section 616 or 617 ; or a police officer exercising functions as a police officer; or a person, to whom the Registrar considers it is in the public interest that the information be divulged. (sec.537-ssec.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— the Registrar holding office under this Law or a former Act; or an inspector appointed under this Law or a former Act; or an investigator appointed under this Law or a former Act; or a person appointed or employed for the purposes of this Law or a former Act. (sec.537-ssec.6) In this section— divulge information means— communicate the information orally; or make available a document containing the information; or make available anything from which, by electronic process or otherwise, the information may be obtained; or 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.