95Secrecy

95 Secrecy (1) In this section: court includes a tribunal or other entity with power to require the production of documents or the answering of questions. person to whom this section applies means— (a) the commissioner for fair trading; or (b) anyone else employed or engaged in the administration of this part. produce includes allow access to. protected information means information obtained under this part by a person to whom this section applies because of the exercise of a function under this part. (2) A person commits an offence if— (a) the person is a person to whom this section applies; and (b) the person— (i) makes a record of protected information; or (ii) directly or indirectly, divulges or communicates protected information to someone else; and

(c) the record is not made, or the information is not divulged or communicated, in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsection (2) does not prevent a person to whom this section applies from divulging or communicating protected information— (a) with the consent of the person from whom the information was obtained; or (b) to a law enforcement authority. (4) A person to whom this section applies need not divulge or communicate protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.