sec.213Secrecy

### sec.213 Secrecy This section applies to a person who is or was— a relevant official; or a member of the reference committee; or a person to whom information is given either by the commission or by a person mentioned in paragraph (a) or (b) on the understanding, express or implied, that the information is confidential. A person must not make a record of, or wilfully disclose, information that has come to the person’s knowledge because the person is or was a person to whom this section applies. Maximum penalty—85 penalty units or 1 year’s imprisonment. However, a person does not contravene subsection (2) if— in the case of a record— the record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or the making of the record was lawful under a repealed Act; or in the case of a disclosure— the disclosure is made— for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or the disclosure was lawful under a repealed Act; or in the case of a record or a disclosure—the information was publicly available. A person may not be required to produce in any court a document that has come into the person’s possession, or to disclose to any court a matter or thing that has come to the person’s notice, because the person is or was a person to whom this section applies, unless— the commission, or a commissioner in the commissioner’s official capacity, or the chief executive officer in the chief executive officer’s official capacity, is a party to the relevant proceeding; or it is necessary to produce the document or disclose the matter or thing— to give effect to this Act; or for a prosecution started as a result of an investigation conducted by the commission. In this section— commission officer includes a person who was an assistant commissioner or part-time commissioner under this Act as in force before the commencement of this definition. court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. produce includes permit access to. relevant official means a person who is or was one of the following— a commission officer; a member of the parliamentary committee; the parliamentary commissioner; an officer of the parliamentary service; a person appointed, engaged or assigned to help the parliamentary committee or the parliamentary commissioner; the public interest monitor; a person mentioned in section 132 of the repealed Criminal Justice Act 1989 ; a person to whom section 126 of the repealed Crime Commission Act 1997 applied. repealed Act means— repealed Criminal Justice Act 1989 ; repealed Crime Commission Act 1997 . s 213 amd 2006 No. 41 s 19 ; 2011 No. 43 s 20 ; 2014 No. 21 s 27 ; 2016 No. 19 s 15 ; 2016 No. 62 s 51 (sec.213-ssec.1) This section applies to a person who is or was— a relevant official; or a member of the reference committee; or a person to whom information is given either by the commission or by a person mentioned in paragraph (a) or (b) on the understanding, express or implied, that the information is confidential. (sec.213-ssec.2) A person must not make a record of, or wilfully disclose, information that has come to the person’s knowledge because the person is or was a person to whom this section applies. Maximum penalty—85 penalty units or 1 year’s imprisonment. (sec.213-ssec.3) However, a person does not contravene subsection (2) if— in the case of a record— the record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or the making of the record was lawful under a repealed Act; or in the case of a disclosure— the disclosure is made— for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or the disclosure was lawful under a repealed Act; or in the case of a record or a disclosure—the information was publicly available. (sec.213-ssec.4) A person may not be required to produce in any court a document that has come into the person’s possession, or to disclose to any court a matter or thing that has come to the person’s notice, because the person is or was a person to whom this section applies, unless— the commission, or a commissioner in the commissioner’s official capacity, or the chief executive officer in the chief executive officer’s official capacity, is a party to the relevant proceeding; or it is necessary to produce the document or disclose the matter or thing— to give effect to this Act; or for a prosecution started as a result of an investigation conducted by the commission. (sec.213-ssec.5) In this section— commission officer includes a person who was an assistant commissioner or part-time commissioner under this Act as in force before the commencement of this definition. court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. produce includes permit access to. relevant official means a person who is or was one of the following— a commission officer; a member of the parliamentary committee; the parliamentary commissioner; an officer of the parliamentary service; a person appointed, engaged or assigned to help the parliamentary committee or the parliamentary commissioner; the public interest monitor; a person mentioned in section 132 of the repealed Criminal Justice Act 1989 ; a person to whom section 126 of the repealed Crime Commission Act 1997 applied. repealed Act means— repealed Criminal Justice Act 1989 ; repealed Crime Commission Act 1997 . - (a) a relevant official; or - (b) a member of the reference committee; or - (c) a person to whom information is given either by the commission or by a person mentioned in paragraph (a) or (b) on the understanding, express or implied, that the information is confidential. - (a) in the case of a record— (i) the record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or (ii) the making of the record was lawful under a repealed Act; or - (i) the record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or - (ii) the making of the record was lawful under a repealed Act; or - (b) in the case of a disclosure— (i) the disclosure is made— (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or (ii) the disclosure was lawful under a repealed Act; or - (i) the disclosure is made— (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or - (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or - (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or - (ii) the disclosure was lawful under a repealed Act; or - (c) in the case of a record or a disclosure—the information was publicly available. - (i) the record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or - (ii) the making of the record was lawful under a repealed Act; or - (i) the disclosure is made— (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or - (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or - (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or - (ii) the disclosure was lawful under a repealed Act; or - (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or - (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or - (a) the commission, or a commissioner in the commissioner’s official capacity, or the chief executive officer in the chief executive officer’s official capacity, is a party to the relevant proceeding; or - (b) it is necessary to produce the document or disclose the matter or thing— (i) to give effect to this Act; or (ii) for a prosecution started as a result of an investigation conducted by the commission. - (i) to give effect to this Act; or - (ii) for a prosecution started as a result of an investigation conducted by the commission. - (i) to give effect to this Act; or - (ii) for a prosecution started as a result of an investigation conducted by the commission. - (a) a commission officer; - (b) a member of the parliamentary committee; - (c) the parliamentary commissioner; - (d) an officer of the parliamentary service; - (e) a person appointed, engaged or assigned to help the parliamentary committee or the parliamentary commissioner; - (f) the public interest monitor; - (g) a person mentioned in section 132 of the repealed Criminal Justice Act 1989 ; - (h) a person to whom section 126 of the repealed Crime Commission Act 1997 applied. - (a) repealed Criminal Justice Act 1989 ; - (b) repealed Crime Commission Act 1997 .