sec.149Offence to disclose confidential information or copy background document

### sec.149 Offence to disclose confidential information or copy background document This section applies to a person who— is or has been engaged in the administration of this Act; or has obtained access to confidential information or a background document about someone else, whether directly or indirectly, from a person mentioned in paragraph (a) . The person must not, without reasonable excuse— disclose confidential information to anyone else; or copy a background document about someone else acquired by the person; or give access to a background document about someone else. Maximum penalty—100 penalty units. It is a reasonable excuse if— the person has the written consent of the person to whom the information or background document relates or someone else authorised by the person; or the disclosure is authorised under this Act or another Act; or the disclosure is in compliance with lawful process requiring production of documents or giving evidence before a court; or the disclosure was of a statistical nature that could not reasonably be expected to result in the identification of the person to whom the information relates. Subsection (3) (a) and (d) do not apply if the confidential information relates to whether the person was identified by the police commissioner under a repealed section as a participant in a criminal organisation or as an unsuitable corporation. s 149 prev s 149 amd 2012 No. 42 s 75 sch om 2016 No. 12 s 363 pres s 149 sub 2012 No. 42 s 69 amd 2013 No. 64 s 155 ; 2016 No. 62 s 336 (sec.149-ssec.1) This section applies to a person who— is or has been engaged in the administration of this Act; or has obtained access to confidential information or a background document about someone else, whether directly or indirectly, from a person mentioned in paragraph (a) . (sec.149-ssec.2) The person must not, without reasonable excuse— disclose confidential information to anyone else; or copy a background document about someone else acquired by the person; or give access to a background document about someone else. Maximum penalty—100 penalty units. (sec.149-ssec.3) It is a reasonable excuse if— the person has the written consent of the person to whom the information or background document relates or someone else authorised by the person; or the disclosure is authorised under this Act or another Act; or the disclosure is in compliance with lawful process requiring production of documents or giving evidence before a court; or the disclosure was of a statistical nature that could not reasonably be expected to result in the identification of the person to whom the information relates. (sec.149-ssec.4) Subsection (3) (a) and (d) do not apply if the confidential information relates to whether the person was identified by the police commissioner under a repealed section as a participant in a criminal organisation or as an unsuitable corporation. - (a) is or has been engaged in the administration of this Act; or - (b) has obtained access to confidential information or a background document about someone else, whether directly or indirectly, from a person mentioned in paragraph (a) . - (a) disclose confidential information to anyone else; or - (b) copy a background document about someone else acquired by the person; or - (c) give access to a background document about someone else. - (a) the person has the written consent of the person to whom the information or background document relates or someone else authorised by the person; or - (b) the disclosure is authorised under this Act or another Act; or - (c) the disclosure is in compliance with lawful process requiring production of documents or giving evidence before a court; or - (d) the disclosure was of a statistical nature that could not reasonably be expected to result in the identification of the person to whom the information relates.