16Communication or provision of information

16 Communication or provision of information

(1)  A person must not divulge or communicate confidential personal information, confidential information relating to business processes or confidential financial information (including information about a prescribed factor in relation to a business) obtained in connection with the operation of this Act, except –

(a) with the consent of the person to whom the information relates; or

(b) in connection with the administration of this Act; or

(c) to a person acting in a professional capacity as an adviser to the person; or

(d) as authorised by the Mediation Provider or under the Commercial Arbitration Act 2011 ; or

(e) for the purposes of legal proceedings; or

(f) to a police officer, or a law enforcement officer, of this State, another State, a Territory or the Commonwealth.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 300 penalty units; or

(b) an individual, a fine not exceeding 50 penalty units.

(2)  A party to a protected lease must not provide to another party to the protected lease, or to the Mediation Provider, information that –

(a) is false or misleading in any material particular; or

(b) is likely to mislead the other party, or the Mediation Provider, unless other information, whether or not requested by the other party or the Mediation Provider, is also provided to the other party or the Mediation Provider.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 300 penalty units; or

(b) an individual, a fine not exceeding 50 penalty units.