44Disclosure or use of personal information by licensees and others

#### 44 Disclosure or use of personal information by licensees and others 44 Disclosure or use of personal information by licensees and others > > (1) A person who is or was involved in the management of a licensed business must not disclose any information, about a person or a person’s affairs, obtained under this Act or the regulations in the course of conducting the licensed business, unless that disclosure is made— > > > > > (a) with the consent of the person from or about whom the information was obtained, or > > > > > (b) to any other person involved in the management of the licensed business, or > > > > > (c) in connection with the administration or execution of this Act, or > > > > > (d) to a regulatory officer or law enforcement officer, for the purpose of assisting the officer in the exercise of the officer’s functions, or > > > > > (e) for the purposes of any legal proceedings, or > > > > > (f) as authorised by regulations made for the purposes of this subsection, or > > > > > (g) as otherwise authorised by or under this Act, or > > > > > (h) with other lawful excuse. > > > (2) This section is in addition to, and does not affect, any other law relating to the confidentiality or disclosure of information. > > > (3) For the purposes of this section, a person is or was involved in the management of a licensed business if the person is or was— > > > > > (a) the licensee in respect of the licensed business, or > > > > > (b) an employee of the licensee, or > > > > > (c) in the case of a corporate licensee—an executive officer of the corporation, or > > > > > (d) a person of a class or description prescribed by the regulations. > > > (4) In this section— > > > > law enforcement officer means— > > > > > (a) a member of the NSW Police Force, the Australian Federal Police or the police or police force of another State or Territory, or > > > > > (b) the Director of Public Prosecutions, or a Crown Prosecutor, of the State, the Commonwealth or another State or Territory, or > > > > > (c) any other person, or officer of an authority, responsible for the investigation or prosecution of offences under laws of the State, the Commonwealth or another State or Territory. > > > > regulatory officer means an officer or employee of a government agency (including the government of a jurisdiction within or outside Australia) exercising functions under— > > > > > (a) an enactment with respect to fair trading, or > > > > > (b) an enactment that provides for the issue of licences or other authorities in connection with the undertaking of an activity regulated under the enactment. > > Maximum penalty—50 penalty units. > > **s 44:** Rep 1999 No 85, Sch 4. Ins 2002 No 104, Sch 1 \[47\]. Am 2006 No 94, Sch 3.22.