sec.240Secrecy

### sec.240 Secrecy A person to whom this section applies must not— make a record of protected information; or whether directly or indirectly, divulge or communicate to a person protected information about another person or a government agency. Maximum penalty—1,000 penalty units or 1 year’s imprisonment. However, subsection (1) does not apply if— the record is made, or the information is divulged or communicated— under this Act; or in the performance of duties, as a person to whom this section applies, under this Act; or with the consent of the person or agency to whom the protected information relates; or the information is divulged or communicated to an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or the protected information is otherwise publicly available. Unless it is necessary to do so for carrying this Act into effect, a person to whom this section applies is not required— to divulge or communicate protected information to a court; or to produce a protected document in court. In this section— court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. employee includes a consultant or agent. person to whom this section applies means a person who is, or has been, a member or employee of the authority. produce includes permit access to. protected document means a document that— contains information about a person or government agency; and is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duties under this Act. protected information means information that— is about a person or government agency; and is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this Act. s 240 amd 1997 No. 77 s 98 (sec.240-ssec.1) A person to whom this section applies must not— make a record of protected information; or whether directly or indirectly, divulge or communicate to a person protected information about another person or a government agency. Maximum penalty—1,000 penalty units or 1 year’s imprisonment. (sec.240-ssec.2) However, subsection (1) does not apply if— the record is made, or the information is divulged or communicated— under this Act; or in the performance of duties, as a person to whom this section applies, under this Act; or with the consent of the person or agency to whom the protected information relates; or the information is divulged or communicated to an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or the protected information is otherwise publicly available. (sec.240-ssec.3) Unless it is necessary to do so for carrying this Act into effect, a person to whom this section applies is not required— to divulge or communicate protected information to a court; or to produce a protected document in court. (sec.240-ssec.4) In this section— court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. employee includes a consultant or agent. person to whom this section applies means a person who is, or has been, a member or employee of the authority. produce includes permit access to. protected document means a document that— contains information about a person or government agency; and is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duties under this Act. protected information means information that— is about a person or government agency; and is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this Act. - (a) make a record of protected information; or - (b) whether directly or indirectly, divulge or communicate to a person protected information about another person or a government agency. - (a) the record is made, or the information is divulged or communicated— (i) under this Act; or (ii) in the performance of duties, as a person to whom this section applies, under this Act; or (iii) with the consent of the person or agency to whom the protected information relates; or - (i) under this Act; or - (ii) in the performance of duties, as a person to whom this section applies, under this Act; or - (iii) with the consent of the person or agency to whom the protected information relates; or - (b) the information is divulged or communicated to an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or - (c) the protected information is otherwise publicly available. - (i) under this Act; or - (ii) in the performance of duties, as a person to whom this section applies, under this Act; or - (iii) with the consent of the person or agency to whom the protected information relates; or - (a) to divulge or communicate protected information to a court; or - (b) to produce a protected document in court. - (a) contains information about a person or government agency; and - (b) is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duties under this Act. - (a) is about a person or government agency; and - (b) is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this Act.