153Secrecy

#### 153 Secrecy 153 Secrecy > > (1) Subject to this Act, a person who is, or has at any time been, a prescribed person shall not, except to the extent necessary to exercise his or her functions under this Act or the regulations, either directly or indirectly, make a record of, or divulge or communicate to any person, any information that is or was acquired by reason of being or having been a prescribed person, or make use of any such information, for any purpose other than the exercise of his or her official functions. > > > > Maximum penalty—50 penalty units or imprisonment for 2 years, or both. > > > (2) Nothing in subsection (1) precludes a person from— > > > > > (a) producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act or a prescribed Act, > > > > > (b) divulging or communicating to a court in the course of any proceedings referred to in paragraph (a) any matter or thing coming under his or her notice in the exercise of his or her official functions, or > > > > > (c) producing a document or divulging or communicating information that is required or permitted by any Act, or any Act of the Commonwealth, to be produced, divulged or communicated, as the case may be. > > > (3) In this section, prescribed person means— > > > > > (a) the Secretary or any other person employed in the Department, > > > > > (b) a member of or a member of the staff of an authority, or > > > > > (c) a member of the police force, or other person, who has exercised any function under section 138, or > > > > > (d) a person of a class or description prescribed for the purposes of this paragraph. > > **ss 152–154:** Am 1992 No 112, Sch 1; 1998 No 45, Sch 3.4 \[3\] \[6\] (am 1998 No 120, Sch 2.2); 2015 No 58, Sch 3.76 \[5\].