sec.113Confidentiality of information

### sec.113 Confidentiality of information This section applies to a person who— is, or has been, any of the following— the chief executive; an inspector; another person involved in administering this Act, including, for example, a public service employee; and obtains confidential information about another person in administering, or performing functions or exercising powers under, this part. The person must not use or disclose the confidential information unless the use or disclosure is— in the performance of a function or exercise of a power under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units. In this section— confidential information — means any information that— could identify an individual; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. s 113 prev s 113 ins 2002 No. 35 s 7 amd 2007 No. 37 s 162 sch om 2013 No. 51 s 35 pres s 113 ins 2020 No. 3 s 76 (sec.113-ssec.1) This section applies to a person who— is, or has been, any of the following— the chief executive; an inspector; another person involved in administering this Act, including, for example, a public service employee; and obtains confidential information about another person in administering, or performing functions or exercising powers under, this part. (sec.113-ssec.2) The person must not use or disclose the confidential information unless the use or disclosure is— in the performance of a function or exercise of a power under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units. (sec.113-ssec.3) In this section— confidential information — means any information that— could identify an individual; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. - (a) is, or has been, any of the following— (i) the chief executive; (ii) an inspector; (iii) another person involved in administering this Act, including, for example, a public service employee; and - (i) the chief executive; - (ii) an inspector; - (iii) another person involved in administering this Act, including, for example, a public service employee; and - (b) obtains confidential information about another person in administering, or performing functions or exercising powers under, this part. - (i) the chief executive; - (ii) an inspector; - (iii) another person involved in administering this Act, including, for example, a public service employee; and - (a) in the performance of a function or exercise of a power under this Act; or - (b) with the consent of the person to whom the information relates; or - (c) otherwise required or permitted by law. - (a) means any information that— (i) could identify an individual; or (ii) is about a person’s current financial position or financial background; or (iii) would be likely to damage the commercial activities of a person to whom the information relates; but - (i) could identify an individual; or - (ii) is about a person’s current financial position or financial background; or - (iii) would be likely to damage the commercial activities of a person to whom the information relates; but - (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. - (i) information that is publicly available; or - (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. - (i) could identify an individual; or - (ii) is about a person’s current financial position or financial background; or - (iii) would be likely to damage the commercial activities of a person to whom the information relates; but - (i) information that is publicly available; or - (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.