sec.217BConfidentiality of information

### sec.217B Confidentiality of information This section applies to a person who— is, or has been, any of the following— the chief executive; an inspector; a public service employee; a local government or prescribed entity; an officer or employee of a local government or prescribed entity; an officer or employee of the Commonwealth or another State; a person to whom an entity mentioned in subparagraph (iv) , (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; and obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act. 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. prescribed entity means an entity prescribed under— section 222 (1) (b) ; or section 21 (1) (c) , as in force before its repeal by the Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019 . s 217B ins 2019 No. 6 s 23 amd 2024 No. 17 s 176 (uncommenced amendment) (sec.217B-ssec.1) This section applies to a person who— is, or has been, any of the following— the chief executive; an inspector; a public service employee; a local government or prescribed entity; an officer or employee of a local government or prescribed entity; an officer or employee of the Commonwealth or another State; a person to whom an entity mentioned in subparagraph (iv) , (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; and obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act. (sec.217B-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.217B-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. prescribed entity means an entity prescribed under— section 222 (1) (b) ; or section 21 (1) (c) , as in force before its repeal by the Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019 . s 217B ins 2019 No. 6 s 23 amd 2024 No. 17 s 176 (uncommenced amendment) - (a) is, or has been, any of the following— (i) the chief executive; (ii) an inspector; (iii) a public service employee; (iv) a local government or prescribed entity; (v) an officer or employee of a local government or prescribed entity; (vi) an officer or employee of the Commonwealth or another State; (vii) a person to whom an entity mentioned in subparagraph (iv) , (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; and - (i) the chief executive; - (ii) an inspector; - (iii) a public service employee; - (iv) a local government or prescribed entity; - (v) an officer or employee of a local government or prescribed entity; - (vi) an officer or employee of the Commonwealth or another State; - (vii) a person to whom an entity mentioned in subparagraph (iv) , (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; and - (b) obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act. - (i) the chief executive; - (ii) an inspector; - (iii) a public service employee; - (iv) a local government or prescribed entity; - (v) an officer or employee of a local government or prescribed entity; - (vi) an officer or employee of the Commonwealth or another State; - (vii) a person to whom an entity mentioned in subparagraph (iv) , (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; 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. - (a) section 222 (1) (b) ; or - (b) section 21 (1) (c) , as in force before its repeal by the Fisheries (Sustainable Fisheries Strategy) Amendment Act 2019 .