105Confidentiality

105 Confidentiality

(1)  A person who is, or has been, employed in performing functions related to the administration of this Act must not disclose confidential information acquired in the course, or as a result, of performing those functions.

Penalty:  Fine not exceeding 200 penalty units.

(2)  It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that the disclosure of information was authorised under this section.

(3)  A disclosure by a person who is, or has been, employed in performing functions related to the administration of this Act is authorised under this section if the disclosure –

(a) occurred in the course of performing functions under this Act; or

(b) was authorised by the person to whom the duty of confidentiality is owed; or

(c) was authorised by the regulations; or

(d) was required by a court or other lawfully constituted authority or, subject to subsection (5) , under another Act; or

(e) was authorised by the Regulator after consultation, where practicable, with the person to whom the duty of confidentiality is owed.

(4)  No civil liability attaches to any person for a disclosure of confidential information that is authorised under this section.

(5)  Information that is classified by the Regulator as confidential is not liable to disclosure under the Right to Information Act 2009 .