80Secrecy

#### 80 Secrecy 80 Secrecy > > (1) A relevant person must not, directly or indirectly, make a record of, or disclose, including to a court, information acquired because of, or in connection with, the Commission’s activities unless the information relates only to the Commission acting solely in its corporate capacity. > > > > Maximum penalty—50 penalty units or imprisonment for 12 months, or both. > > > (2) The Commission is not taken to act solely in its corporate capacity only because the Commission— > > > > > (a) enters into a contract or agreement for the purpose of acquiring— > > > > > > > (i) intelligence, or > > > > > > > (ii) other information for an investigation, or > > > > > (b) acquires or uses technology for the purpose of the Commission’s investigative functions. > > > (3) A relevant person must not be required— > > > > > (a) to produce in a court a document or other thing that has come into the person’s possession, custody or control because of, or during, the exercise of the person’s functions under this Act, or > > > > > (b) to disclose to a court a matter or thing that has come to the person’s attention in the exercise of the person’s functions under this Act. > > > (4) Proceedings for an offence under this section may be commenced within, but not later than, 3 years after the date on which the offence is alleged to have been committed. > > > (5) In this section— > > > > court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. > > > > disclose includes communicate. > > > > produce includes permit access to or inspection of. > > > > relevant person means the following— > > > > > (a) an executive officer, > > > > > (b) a member of staff of the Commission, > > > > > (c) a person involved in an investigation or in the exercise of the Commission’s functions under this Act, > > > > > (d) an Australian legal practitioner who assists, or performs services for or on behalf of, the Commission, > > > > > (e) a member of a task force assisting the Commission in accordance with an arrangement under section 58, > > > > > (f) an authority or a person to whom information is disclosed under section 80AA, and a person or employee under the control of the authority or person, > > > > > (g) a person conducting a review under section 78B in relation to the person’s functions under the section, > > > > > (h) a person who was previously a person referred to in paragraphs (a)–(g). > > **s 80:** Am 2013 No 35, Sch 2 \[2\]; 2016 No 61, Schs 6.6 \[16\]–\[18\], 7.1 \[2\]. Subst 2022 No 55, Sch 2\[12\].