74Secrecy

74 Secrecy

(1) This section applies to a person who is or has been: (a) the Secretary of, or an employee of, the Department; or (b) the Director or an employee of the Office; or (c) engaged as a consultant to the Office; or (d) a national inspector; or (e) any other Commonwealth officer (within the meaning of section 121.1 of the Criminal Code). (2) A person mentioned in subsection (1) must not, either directly or indirectly, record or communicate any confidential information about another person’s affairs that the person got in performing duties under this Act, except for the purposes of: (a) this Act; or (b) a prosecution for an offence against this Act or any other law of the Commonwealth, a State or a Territory; or (c) complying with Australia’s obligations under the Treaty. (3) The person must not be required to communicate to a court any such information unless it is necessary for the purposes of this Act or a prosecution for an offence against this Act. (4) If: (a) a person mentioned in subsection (1) (the communicator) communicates information to another person (the recipient) for the purposes of this Act or complying with Australia’s obligations under the Treaty; and (b) at the time, the communicator stated that the information was confidential information covered by this subsection; the recipient must not, either directly or indirectly: (c) record the information; or (d) communicate the information to another person; except for the purposes of this Act or complying with Australia’s obligations under the Treaty. (5) The recipient must not be required to communicate the information to a court unless it is necessary for the purposes of this Act or a prosecution for an offence against this Act. (6) A person who contravenes subsection (2) or (4) commits an offence punishable on conviction by imprisonment for a term not exceeding 2 years.