83Requirements as to secrecy of officers, &c.

83 Requirements as to secrecy of officers, &c.

(1)  [Section 83 Subsection (1) amended by No. 104 of 2000, Sched. 1, Applied:01 Jan 2001] *[Section 83 Subsection (1) amended by No. 59 of 1992, s. 56 ]*A Commissioner, a person appointed under section 10 (2) to act in the office of a Commissioner, or an officer or inspector shall, before acting in the execution of his office, make and subscribe before a justice a declaration of secrecy in accordance with the form prescribed by the regulations.

(2)  *[Section 83 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ]**[Section 83 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*A person to whom subsection (1) applies who fails to comply with that subsection is guilty of an offence and, in the case of –

(a) a Commissioner, that offence constitutes misbehaviour for the purposes of section 11 (2) ;

(b) a person appointed as mentioned in subsection (1) , that person is liable on summary conviction to a fine not exceeding 20 penalty units; or

(c) [Section 83 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] an officer or inspector, the officer or inspector shall be proceeded against in accordance with section 10 of the State Service Act 2000 as if he or she had committed a breach of the Code of Conduct within the meaning of that Act.

(3)  *[Section 83 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*A person who has made a declaration of secrecy pursuant to subsection (1) shall not, whether or not he has ceased to hold the office by virtue of which he was required to make the declaration, disclose any information contrary to his declaration.

Penalty:  Fine not exceeding 20 penalty units.