50Officers to observe secrecy

50 Officers to observe secrecy

(1) A person who is or has been an officer shall not, directly or indirectly, make a record of, or divulge or communicate to any person, any information with respect to the affairs of another person acquired by him in the exercise of his powers, or the performance of his duties or functions, under this Act.

Penalty: $2,000 or imprisonment for 12 months, or both.

(1A) Subsection (1) does not apply if the information is recorded, divulged or communicated for the purposes of this Act. (1B) Strict liability applies to the element of an offence against subsection (1) that an acquisition of information is an acquisition in the exercise of powers, or in the performance of duties or functions, under this Act. (2) Notwithstanding anything contained in subsection (1), an officer may: (a) if the Minister or the Secretary certifies that it is necessary in the public interest that any information acquired by the officer in the exercise of his powers, or the performance of his duties or functions, under this Act should be divulged, divulge that information to such person as the Minister or the Secretary directs; (b) divulge any such information to any authority or person prescribed by the regulations; or (c) divulge any such information to a person who, in the opinion of the Secretary, is expressly or impliedly authorized by the person to whom the information relates to obtain it. (3) An authority to which, or person to whom, information is divulged under subsection (2), and any person under the control of that authority or person, is, in respect of that information, subject to obligations and liabilities under subsection (1) as if the authority or person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information in the exercise of those powers or the performance of those duties or functions.