49Copying, making a record of, using or disclosing information generated in the course of an inquiry

49 Copying, making a record of, using or disclosing information generated in the course of an inquiry

(1) The Inspector or a person assisting the Inspector in the exercise of powers or the performance of functions under this Act (an assistant), may, for the purposes of an inquiry conducted in accordance with a direction of the Minister under section 11, copy, make a record of, use or disclose information generated by the Inspector or the assistant in the course of exercising powers or performing functions under this Act, or assisting another person in the exercise of powers or performance of functions under this Act. (2) A person commits an offence if: (a) information is disclosed to the person; and (b) the information is disclosed in circumstances permitted under subsection (1); and (c) the information is not disclosed to the person because the person is exercising powers or performing functions under this Act, or assisting another person in the exercise of powers or performance of functions under this Act; and (d) the person does any of the following: (i) copies, or makes a record of, the information; (ii) uses the information; (iii) discloses the information to any other person or to a court, a tribunal or a coroner.

Penalty: Imprisonment for 2 years.

(3) Subsection (2) does not apply to any conduct that is necessary for the purpose of assisting with an inquiry conducted in accordance with a direction of the Minister under section 11.

Note: A defendant bears an evidential burden in relation to a matter in subsection (3): see subsection 13.3(3) of the Criminal Code.