Competition and Consumer Act 2010
Sch 2 s 132AConfidentiality of notices given under this Division
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132A Confidentiality of notices given under this Division
(1) A person must not disclose to any other person a notice given under this Division, or any part of or information contained in such a notice, unless the person who gave the notice has consented to the notice, or that part or information, not being treated as confidential.
(2) This section does not apply if:
(a) the disclosure is made by the Commonwealth Minister to:
(i) another responsible Minister; or
(ii) the regulator; or
(iii) an associate regulator; or
(b) the disclosure is made by the Commonwealth Minister and the Commonwealth Minister considers that the disclosure is in the public interest; or
(c) the disclosure is made by a member of the staff of the regulator, or an associate regulator, in the performance of his or her duties as such a member of staff, and is made:
(i) to another member of the staff of the regulator or associate regulator; or
(ii) if the person making the disclosure is a member of the staff of the regulator—to an associate regulator; or
(iii) if the person making the disclosure is a member of the staff of an associate regulator—to the regulator or another associate regulator; or
(d) the disclosure is required or authorised by or under law; or
(e) the disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty.
(3) This section also does not apply if the disclosure is made by a member of the staff of the regulator, or an associate regulator, in the performance of his or her duties as such a member of staff, and is made because it is reasonably necessary to protect public safety, to:
(a) any other agency within the meaning of the Freedom of Information Act 1982; or
(b) the Director of Public Prosecutions; or
(c) a State/Territory government body (within the meaning of section 155AAA of the Competition and Consumer Act); or
(d) a foreign government body (within the meaning of the Competition and Consumer Act).