30Offences relating to private sessions

30 Offences relating to private sessions

(1)  A person must not make a record of, use or disclose information that –

(a) was obtained by the person at a private session; or

(b) was given at a private session and obtained by the person before, or after, the information was so given; or

(c) was given to the Commissioner for the purposes of a private session or proposed private session.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(2)  Subsection (1) does not apply if –

(a) the disclosure of the information was required or authorised under this Act, or any other Act, in order to ensure the safety and welfare of an animal, a class of animals, a person or a class of persons; or

(b) the record, use or disclosure of the information was for the purposes of performing functions, or exercising powers, under this Act by the Commissioner; or

(c) the person is authorised under this Act to make the record of, or to use or disclose, the information and only records, uses or discloses the information in accordance with this Act; or

(d) the information is recorded, used or disclosed with the consent of –

(i) in relation to information referred to in subsection (1)(a) or (b) , the person who gave the information at the private session and each person referred to in the information; and

(ii) in relation to information referred to in subsection (1)(c) , the person who gave the information to the Commissioner; or

(e) the information that is recorded, or used or disclosed, does not disclose the identity of, or lead to the identification of, a person who has not given consent to the recording, use or disclosure of that information.

(3)  Except as provided in subsection (2) , nothing in this Act, or any other Act, authorises the making of a record, or the use or disclosure, of information provided at a private session or for the purposes of a private session or proposed private session.