146Secrecy provision

146 Secrecy provision (1) Subject to this section, a person who is, or has at any time been— (a) the Secretary; (b) appointed for the purposes of this Act; (c) engaged as a member of the staff of the Secretary or as an authorised officer; (d) engaged under contract by the Secretary, or employed by a person engaged under contract by the Secretary; S. 146(1)(da) inserted by No. 68/2016 s. 142. (da) a director of the Victorian Fisheries Authority Board, the chief executive officer, or an employee of the Victorian Fisheries Authority; (e) a member of the Fisheries Co-Management Council; S. 146(1)(ea) inserted by No. 80/2000 s. 17. (ea) a member of the Fisheries Revenue Allocation Committee; (f) a member of a fishery committee; (g) a member of the Commercial Fisheries Licensing Panel; (h) a member or deputy of the Licensing Appeals Tribunal; S. 146(1)(ha) inserted by No. 40/2002 s. 26. (ha) a member or deputy of the Compensation Assessment Panel (established under Part 10); S. 146(1)(hb) inserted by No. 40/2002 s. 26. (hb) a member or deputy of the Compensation Appeals Tribunal (established under Part 10); (i) authorised to perform or exercise any function or power under this Act— must not, except to the extent necessary to perform official duties, or to perform or exercise such a function or power, either directly or indirectly, make a record of, or divulge or communicate to any person, any information obtained in confidence or relating to the personal affairs of another person that is or was acquired by the person by reason of being or having been so appointed, engaged or authorised, or make use of any such information, for any purposes other than the performance of official duties or the performance or exercise of that function or power. 1. 10 penalty units. (2) Nothing in subsection (1) precludes a person from— (a) producing a document to a court in the course of criminal proceedings or in the course of any proceedings against this Act; (b) divulging or communicating to a court in the course of any proceedings referred to in paragraph (a) any matter or thing coming under the notice of the person in the performance of official duties or in the performance of a function or the exercise of a power referred to in that subsection; S. 146(2)(c) substituted by No. 69/2004 s. 20. (c) producing some or all of a document or divulging or communicating information to a person or body specified by the regulations for the purposes of this section if the production, divulging or communicating is authorised by the regulations or the Secretary and complies with any conditions or restrictions specified by the regulations or the Secretary for the purposes of this section; (d) producing a document or divulging or communicating information that is required or permitted by any Act to be produced, divulged or communicated, as the case may be if, where the document or information relates to the personal affairs of another person, that other person has given consent in writing; S. 146(2)(e) inserted by No. 5/1997 s. 38. (e) using skills that were developed as a result of having access to any information referred to in subsection (1) where the use of the skills does not involve the disclosure of the information.