41Officers to observe secrecy

41 Officers to observe secrecy

(1) A person shall, if the Minister or the Secretary, so directs, before entering upon his duties, or exercising any powers or performing any functions, under this Act, make before a Justice of the Peace or a Commissioner for Declarations a declaration in accordance with the prescribed form. (2) A person 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. (2A) Subsection (2) does not apply if the information is recorded, divulged or communicated in the exercise of powers, or the performance of duties or functions, under this Act. (2B) Strict liability applies to the element of an offence against subsection (2) that an acquisition of information is an acquisition in the exercise of powers, or in the performance of duties or functions, under this Act. (3) A person who is, or has been, an officer shall not, except for the purposes of this Act, be required: (a) to produce to a court any document that has come into his possession or under his control in the exercise of his powers, or the performance of his duties or functions, under this Act; or (b) to divulge or communicate to a court any matter or thing that has come under his notice in the performance of any such duties or functions. (4) Notwithstanding anything contained in the preceding provisions of this section, 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. (5) An authority or person to whom information is divulged under subsection (4), and any person or employee under the control of that authority or person, is, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsections (2) and (3) as if he were a person performing duties under this Act and had acquired the information in the performance of those duties. (6) In this section:

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

produce includes permit access to, and production has a corresponding meaning.

Penalty: $500.