47Protection of confidential information

#### 47 Protection of confidential information 47 Protection of confidential information > > (1) In this section— > > > > duty of confidentiality—a person is subject to a duty of confidentiality if— > > > > > (a) the person is, or has been, engaged in work related to the administration of this Act, or > > > > > (b) the person has obtained access to protected information (directly or indirectly) from a person who is, or has been, engaged in work related to the administration of this Act. > > > > protected information means information obtained in the course of work related to the administration of this Act about— > > > > > (a) an applicant for a first home owner grant or the applicant’s spouse, or > > > > > (b) an applicant, including a former applicant, for participation in a shared equity scheme or the applicant’s spouse. > > > (2) A person who is subject to a duty of confidentiality must not disclose protected information except as permitted by subsection (3). > > > > Maximum penalty—100 penalty units. > > > (3) Protected information may be disclosed— > > > > > (a) at the request or with the consent of the person to whom the information relates or a person acting on that person’s behalf, or > > > > > (b) in connection with the administration of the following laws (including for the purpose of any legal proceedings arising out of any of those laws or a report of any such proceedings)— > > > > > > > (i) this Act or a corresponding law, > > > > > > > (ia) the [Unclaimed Money Act 1995](/view/html/inforce/current/act-1995-075), > > > > > > > (ii) a taxation law of the Commonwealth or a State or Territory, > > > > > > > (iii) the [First Home Saver Accounts Act 2008](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (b1) to the Commonwealth or Housing Australia to assist in determining whether a person is ineligible to enter into a Help to Buy arrangement because the person is receiving assistance under a State or Territory home buyer scheme, or > > > > > (c) to the Australian Charities and Not-for-profits Commission or a person authorised by the Australian Charities and Not-for-profits Commissioner, or > > > > > (d) as authorised under the regulations. > > > (4) In this section— > > > > Help to Buy arrangement has the same meaning as in the [Help to Buy Act 2024](http://www.legislation.gov.au/) of the Commonwealth. > > > > Housing Australia has the same meaning as in the [Housing Australia Act 2018](http://www.legislation.gov.au/) of the Commonwealth. > > > > State or Territory home buyer scheme has the same meaning as in the [Help to Buy Act 2024](http://www.legislation.gov.au/) of the Commonwealth. > > **s 47:** Am 2009 No 51, Sch 3 \[20\]; 2017 No 11, Sch 4.1; 2022 No 63, Sch 2\[20\]; 2025 No 31, Sch 1.3\[2\] \[3\]; 2025 No 37, Sch 1.