sec.173Confidentiality

sec.173 Confidentiality

This section applies to the following persons (each a relevant person )— a person who— is, or has been, an official; and in that capacity, has acquired or has access to confidential information about another person; Powerlink, if Powerlink has acquired, or has access to, confidential information about another person under this Act; a person who is, or has been, a suitably qualified person if the person has acquired, or has access to, confidential information about another person; a person who has acquired, or has access to, confidential information about another person under section 80 ; a person who has acquired, or has access to, confidential information about another person under section 97 . The relevant person must not disclose the information to anyone else, or use the information, other than under this section. Maximum penalty—100 penalty units. The relevant person may disclose or use the information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. In this section— confidential information — means 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 person to whom the information relates. s 173 amd 2025 No. 30 s 62 (sec.173-ssec.1) This section applies to the following persons (each a relevant person )— a person who— is, or has been, an official; and in that capacity, has acquired or has access to confidential information about another person; Powerlink, if Powerlink has acquired, or has access to, confidential information about another person under this Act; a person who is, or has been, a suitably qualified person if the person has acquired, or has access to, confidential information about another person; a person who has acquired, or has access to, confidential information about another person under section 80 ; a person who has acquired, or has access to, confidential information about another person under section 97 . (sec.173-ssec.2) The relevant person must not disclose the information to anyone else, or use the information, other than under this section. Maximum penalty—100 penalty units. (sec.173-ssec.3) The relevant person may disclose or use the information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. (sec.173-ssec.4) In this section— confidential information — means 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 person to whom the information relates.