sec.110Confidentiality of information

### sec.110 Confidentiality of information This section applies if a person obtains information or gains access to a document in exercising a power or performing a function under this Act. The person must not do any of the following— disclose to anyone else— the information; or the contents of or information contained in the document; give access to the document to anyone else; use the information or document for any purpose. Maximum penalty—100 penalty units. Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document— with the consent of the person to whom the information relates; or that is necessary for the exercise of a power or performance of a function under this Act; or that is made or given by the commission or a person authorised by the commission if the commission reasonably believes the disclosure, access or use— is necessary for administering, or monitoring or enforcing compliance with, this Act or the Building Act 1975 ; or is necessary for the administration or enforcement of another Act prescribed by regulation; or is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or that is required or authorised under a law, including, for example, section 28A or 28B ; or to the extent the disclosure, access or use is necessary to comply with section 106V . Also, subsection (2) does not apply to— the disclosure of information, or the giving of access to a document, by the commission to the chief executive for the purpose of monitoring the operation and effectiveness of this Act; or the use of the information or document by the chief executive for that purpose. Also, subsection (2) does not apply to— the use of information or a document by a Minister; or the disclosure of information, or the giving of access to a document, to a Minister. s 110 prev s 110 sub 1994 No. 20 s 3 sch; 1996 No. 58 s 5 om 2000 No. 9 s 104 sch 1 pres s 110 ins 2017 No. 29 s 28 amd 2022 No. 11 s 66 ; 2024 No. 14 s 73 (sec.110-ssec.1) This section applies if a person obtains information or gains access to a document in exercising a power or performing a function under this Act. (sec.110-ssec.2) The person must not do any of the following— disclose to anyone else— the information; or the contents of or information contained in the document; give access to the document to anyone else; use the information or document for any purpose. Maximum penalty—100 penalty units. (sec.110-ssec.3) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document— with the consent of the person to whom the information relates; or that is necessary for the exercise of a power or performance of a function under this Act; or that is made or given by the commission or a person authorised by the commission if the commission reasonably believes the disclosure, access or use— is necessary for administering, or monitoring or enforcing compliance with, this Act or the Building Act 1975 ; or is necessary for the administration or enforcement of another Act prescribed by regulation; or is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or that is required or authorised under a law, including, for example, section 28A or 28B ; or to the extent the disclosure, access or use is necessary to comply with section 106V . (sec.110-ssec.4) Also, subsection (2) does not apply to— the disclosure of information, or the giving of access to a document, by the commission to the chief executive for the purpose of monitoring the operation and effectiveness of this Act; or the use of the information or document by the chief executive for that purpose. (sec.110-ssec.5) Also, subsection (2) does not apply to— the use of information or a document by a Minister; or the disclosure of information, or the giving of access to a document, to a Minister. - (a) disclose to anyone else— (i) the information; or (ii) the contents of or information contained in the document; - (i) the information; or - (ii) the contents of or information contained in the document; - (b) give access to the document to anyone else; - (c) use the information or document for any purpose. - (i) the information; or - (ii) the contents of or information contained in the document; - (a) with the consent of the person to whom the information relates; or - (b) that is necessary for the exercise of a power or performance of a function under this Act; or - (c) that is made or given by the commission or a person authorised by the commission if the commission reasonably believes the disclosure, access or use— (i) is necessary for administering, or monitoring or enforcing compliance with, this Act or the Building Act 1975 ; or (ii) is necessary for the administration or enforcement of another Act prescribed by regulation; or (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or - (i) is necessary for administering, or monitoring or enforcing compliance with, this Act or the Building Act 1975 ; or - (ii) is necessary for the administration or enforcement of another Act prescribed by regulation; or - (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or - (d) that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or - (e) that is required or authorised under a law, including, for example, section 28A or 28B ; or - (f) to the extent the disclosure, access or use is necessary to comply with section 106V . - (i) is necessary for administering, or monitoring or enforcing compliance with, this Act or the Building Act 1975 ; or - (ii) is necessary for the administration or enforcement of another Act prescribed by regulation; or - (iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or - (a) the disclosure of information, or the giving of access to a document, by the commission to the chief executive for the purpose of monitoring the operation and effectiveness of this Act; or - (b) the use of the information or document by the chief executive for that purpose. - (a) the use of information or a document by a Minister; or - (b) the disclosure of information, or the giving of access to a document, to a Minister.