176Secrecy

176 Secrecy

(1) This section applies to every person who is or has been—

(a) an appointed member of the Board; or

(b) the Commissioner; or

(c) a member of the staff of the Commission; or

(d) a person (other than a person referred to in paragraph (c)) acting under the authority of the Commission, the Board or the Commissioner; or

(e) a person to whom section 15 of the Equal Opportunity Act 1984 applied immediately before its repeal; or

(f) a member of the Commission before 1 October 2009.

(2) This section applies to information concerning the affairs of any person that is or has been obtained by a person to whom this section applies—

(a) in the course of performing functions or duties or exercising powers under this Act or an old Act; or

(b) as a result of another person performing functions or duties or exercising powers under this Act or the old Act.

(3) A person to whom this section applies must not, either directly or indirectly, make a record of, disclose or communicate to any person any information to which this section applies unless it is necessary to do so for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act or an old Act.

1. 60 penalty units, in the case of a natural person;

300 penalty units, in the case of a body corporate.

(4) A person to whom this section applies must not be required—

(a) to produce in a court any document containing information to which this section applies; or

(b) to disclose or communicate to any court any information to which this section applies—

unless it is necessary to do so for the purposes of, or for a prosecution under or arising out of, this Act or an old Act.

(5) In this section—

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions;

old Act means either of the following as in force immediately before its repeal—

(a) the Equal Opportunity Act 1984;

(b) the Equal Opportunity Act 1995;

produce includes permit access to.

S. 176A inserted by No. 26/2011 s. 27.