29Secrecy

29 Secrecy

29 Secrecy

(1) A person who acquires information in the exercise of functions under Part 3 must not, directly or indirectly, make a record of the information or divulge the information to another person, except in the exercise of functions under Part 3.

Maximum penalty: 50 penalty units.

(2) Despite subsection (1), information may be divulged:

(a) to a particular person or persons, if the Minister certifies that it is necessary in the public interest that the information be divulged to the person or persons, or

(b) to a person, or an authority, prescribed by the regulations, or

(c) to a person who is expressly or impliedly authorised to obtain it by the person to whom the information relates.

(3) It is not an offence under this section if, in any legal proceedings, a person divulges the information:

(a) in answer to a question that the person is compellable to answer, or

(b) by providing a document or other thing that the person is compellable to produce.

(4) An authority or person to whom information is divulged under this section, and a person or employee under the control of that authority or person, are, in respect of that information, subject to the same rights, privileges and duties under this section as they would be if that authority, person or employee were a person exercising functions under Part 3 and had acquired the information in the exercise of those functions.

(5) This section does not apply to the divulging of information to, or the production of any document or other thing to, any of the following:

(a) the Independent Commission Against Corruption,

(b) the Australian Crime Commission,

(c) the New South Wales Crime Commission,

(d) the Ombudsman,

(e) any other person or body prescribed by the regulations for the purposes of this subsection.

(6) (Repealed)

(7) In this section, a reference to the divulging of information includes a reference to the production of a document or other thing and the provision of access to the document or other thing.