98Certain notices to be confidential documents

### 98 Certain notices to be confidential documents > > (1)  [*\[Section 98 Subsection (1) substituted by No. 55 of 2011, s. 23, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-055#GS23@Hpa@EN) A person on whom a notice that is a confidential document was served or to whom such a notice was given under this Act must not disclose to another person – > > > > > > (a) the existence of the notice; or > > > > > > > (b) the contents of the notice; or > > > > > > > (c) any matters relating to or arising from the notice – > > > > unless the person on whom the notice was served or to whom the notice was given has a reasonable excuse. > > > > Penalty:  Fine not exceeding 2 000 penalty units. > > > (1A)  [*\[Section 98 Subsection (1A) inserted by No. 55 of 2011, s. 23, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-055#GS23@Hpa@EN) A person to whom the existence of a notice that is a confidential document was disclosed must not disclose to another person – > > > > > > (a) the existence of that notice; or > > > > > > > (b) the contents of the notice; or > > > > > > > (c) any matters relating to or arising from the notice – > > > > unless the person to whom the existence of the notice was disclosed has a reasonable excuse. > > > > Penalty:  Fine not exceeding 2 000 penalty units. > > > (1B)  [*\[Section 98 Subsection (1B) inserted by No. 55 of 2011, s. 23, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-055#GS23@Hpa@EN) For the purposes of [subsections (1)](#GS98@Gs1@EN) and [(1A)](#GS98@Gs1A@EN) , matters relating to or arising from a notice include but are not limited to – > > > > > > (a) obligations or duties imposed on any person by the notice; and > > > > > > > (b) any evidence or information produced or provided to the Integrity Commission or an Integrity Tribunal; and > > > > > > > (c) the contents of any document seized under this Act; and > > > > > > > (d) any information that might enable a person who is the subject of an investigation or inquiry to be identified or located; and > > > > > > > (e) the fact that any person has been required or directed by an investigator or an Integrity Tribunal to provide information, attend an inquiry, give evidence or produce anything; and > > > > > > > (f) any other matters that may be prescribed. > > > (2)  It is a reasonable excuse for a person to disclose the existence of a notice that is a confidential document if – > > > > > > (a) the disclosure is made for the purpose of – > > > > > > > > > > (i) seeking legal advice in relation to the notice or an offence against [subsection (1)](#GS98@Gs1@EN) ; or > > > > > > > > > > > (ii) obtaining information in order to comply with the notice; or > > > > > > > > > > > (iii) the administration of this Act; and > > > > > > > (b) [*\[Section 98 Subsection (2) amended by No. 55 of 2011, s. 23, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-055#GS23@Hpb@EN) the person informs the person to whom the disclosure is made that it is an offence to disclose the existence of the notice to another person unless the person to whom the disclosure was made has a reasonable excuse. > > > (3)  [*\[Section 98 Subsection (3) inserted by No. 55 of 2011, s. 23, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-055#GS23@Hpc@EN) The Integrity Commission or an Integrity Tribunal may advise a person on whom a notice was served or to whom a notice was given under this Act that the notice is no longer confidential. > > > (4)  [*\[Section 98 Subsection (4) inserted by No. 55 of 2011, s. 23, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-055#GS23@Hpc@EN) If the Integrity Commission or an Integrity Tribunal advises a person referred to in [subsection (3)](#GS98@Gs3@EN) that a notice is no longer confidential, [subsections (1)](#GS98@Gs1@EN) and [(1A)](#GS98@Gs1A@EN) do not apply.