105OConfidentiality

105O Confidentiality

(1) A person must not, directly or indirectly, make a record of, or disclose or communicate to any person, any information relating to an application acquired by the person in performing a function or exercising a power under this Part.

Penalty: Level 8 fine (120 penalty units maximum).

(2) Subsection (1) does not apply if—

(a) it is necessary to make the record, or disclose or communicate the information, for the purposes of, or in connection with, the performance of a function or the exercise of a power under this Part; or

(b) the person to whom the information relates gives written consent to the making of the record or to the disclosure or communication.

(3) Subsection (1) also does not apply to the disclosure or communication of information—

(a) to a court or tribunal in the course of a legal proceeding; or

(b) under an order of a court or tribunal; or

(c) to a legal practitioner for the purpose of obtaining legal advice or representation; or

(d) as required or authorised by or under this Part or any other Act.

S. 105P inserted by No. 81/2014 s. 3.