206Secrecy

#### 206 Secrecy 206 Secrecy > > (1) A person who— > > > > > (a) acquires information in the exercise of a function of an office held by the person in the course of administering this Act, and > > > > > (b) directly or indirectly makes a record of the information or discloses it to another person, > > > > is guilty of an offence under this Act unless the information is recorded or disclosed in the exercise of the functions of the office or in the course of administering this Act as a holder of that or any other office. > > > > Maximum penalty—50 penalty units. > > > (2) Despite subsection (1), information may be disclosed— > > > > > (a) to a particular person or persons, if the Authority certifies that it is necessary in the public interest that the information be disclosed to the person or persons, or > > > > > (b) to a person who is expressly or impliedly authorised to obtain it by the person to whom the information relates, or > > > > > (c) to a person or authority prescribed by the regulations, or > > > > > (d) to the Minister, or to a person who is engaged in the administration of this Act and is authorised in writing by the Minister to receive information under this section. > > > (3) It is not an offence under this section if, in legal proceedings, a person— > > > > > (a) discloses information in answer to a question that the person is compellable to answer, or > > > > > (b) produces a document or other thing that the person is compellable to produce. > > > (4) An authority or person to which or to whom information is disclosed 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 the authority or person would be if that authority, person or employee were a person administering this Act and had acquired the information in the course of administering this Act. > > > (5) This section does not apply to the disclosing of information to, or to 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, > > > > > (c1) the NSW Police Force or the police force of another State or a Territory, > > > > > (c2) the Australian Federal Police, > > > > > (d) the Ombudsman, > > > > > (e) any other person or body (including any public authority of the State or the Commonwealth) prescribed by the regulations for the purposes of this section. > > > (5A) This section does not apply to the publishing of any information if, in the opinion of the Minister, it is in the public interest to do so. > > > (6) This section does not prevent a person being given access to a document in accordance with the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052). > > > (7) In this section, a reference to the production of a document or other thing includes a reference to provision of access to the document or other thing. > > **pt 14, div 1 (ss 187–190):** Rep 2007 No 92, Sch 3 \[74\]. > > **s 206:** Am 2003 No 13, Sch 1.10; 2005 No 78, Sch 1 \[27\]; 2007 No 92, Sch 3 \[87\]; 2008 No 99, Sch 1 \[110\]; 2009 No 54, Sch 2.22.