131Confidentiality

131 Confidentiality

(1) This section applies to a person engaged or previously engaged in the administration of this Act and (without limiting the foregoing) to: (a) a person who is or was a delegate of the Competent Authority; or (b) a person who is or was employed by, or engaged to provide services to or on behalf of, the Competent Authority; or (c) a person who is or was employed by, or engaged to provide services to, a person or body engaged to provide services to the Competent Authority. (2) A person to whom this section applies must not divulge or communicate information obtained (whether by that person or otherwise) in the administration of this Act except: (a) as required or authorised by or under this or any other Act; or (b) with the consent of the person from whom the information was obtained or to whom the information relates; or (c) in connection with the administration of this Act; or (d) to the Competent Authority or an authorised officer or a police officer; or (e) to a prescribed public authority of any jurisdiction; or (f) to a public authority of any jurisdiction for law enforcement purposes; or (g) to a court or in connection with any legal proceedings; or (h) in accordance with guidelines approved by the Minister. (3) Information that has been disclosed under subsection (2) for a particular purpose must not be used for any other purpose by: (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. (4) A person must not engage in conduct that results in a contravention of subsection (2) or (3).

Offence provision.

(5) Nothing in this section prevents information from being used: (a) to assist a person in deciding whether or not to withdraw a formal warning for any offence; or (b) to enable the Competent Authority to accumulate aggregate data and to enable it to authorise use of the aggregate data for the purposes of research or education. {(6) An offence under subsection (4) is an offence of strict liability.}