233Confidentiality requirements for persons who receive information about investigations and inquiries

#### 233 Confidentiality requirements for persons who receive information about investigations and inquiries (1) This section applies if: (a) an entrusted person discloses information to another person (the recipient) who is not an entrusted person; and (b) the information relates to: (i) a preliminary investigation conducted by the Commissioner in performing the Commissioner’s function mentioned in paragraph 17(b); or (ii) a preliminary investigation undertaken by the Inspector in performing the Inspector’s function mentioned in paragraph 184(1)(b); or (iii) a NACC Act process; and (c) the information has not been lawfully made available to the public. (2) An authorised discloser may, by written notice given to the recipient, impose such conditions on: (a) the making of a record of the information by the recipient or other persons; and (b) the disclosure of the information by the recipient or other persons; as the authorised discloser considers appropriate to do any or all of the following: (c) prevent prejudice to the preliminary investigation or NACC Act process, or any action taken as a result of the investigation or process; (d) prevent further disclosure of information contained in a protected information report; (e) protect the identity of: (i) any person of interest to the preliminary investigation or NACC Act process; and (ii) any person who has given, or who the authorised discloser reasonably believes may give, information to the authorised discloser in connection with the preliminary investigation or NACC Act process (including by giving evidence at a hearing). > Note: For variation or revocation of a notice under this subsection, see subsection 33(3) of the Acts Interpretation Act 1901. (3) A person commits an offence if: (a) the person engages in conduct; and (b) the person’s conduct breaches a condition under subsection (2). Penalty: Imprisonment for 2 years.