131Confidential information

#### 131 Confidential information 131 Confidential information > > (1) If a person provides information to the Scheme Regulator or Scheme Administrator in connection with the functions of the Scheme Regulator or Scheme Administrator under this Part on the understanding that the information is confidential and will not be divulged, the Scheme Regulator or Scheme Administrator must ensure that the information is not divulged by the Scheme Regulator or the Scheme Administrator, as the case requires, to another person. > > > (2) Despite subclause (1), the Scheme Regulator or the Scheme Administrator may divulge the information to another person— > > > > > (a) with the consent of the person who provided the information, or > > > > > (b) for information provided to the Tribunal while acting as Scheme Regulator or Scheme Administrator, to the extent that the Tribunal is satisfied that the information is not confidential in nature, or > > > > > (c) to a member or officer of the Scheme Regulator or Scheme Administrator, as the case requires, or > > > > > (d) as required by another law. > > > (3) The Scheme Regulator or Scheme Administrator may give a direction prohibiting or restricting the divulging of information provided to the Scheme Regulator or Scheme Administrator under this Part if satisfied that the direction is desirable because of the confidential nature of the information. > > > (4) A person must not contravene a direction given under subclause (3). > > > > Maximum penalty (subclause (4))—100 penalty units. > > > (5) A reference in this clause to information includes information— > > > > > (a) given at a meeting of the Scheme Regulator or Scheme Administrator, and > > > > > (b) contained in a document given to the Scheme Regulator or Scheme Administrator.