sec.34General confidentiality provision

sec.34 General confidentiality provision

A person must not disclose any information or record obtained by the person because he or she is or was engaged in the administration of this Act, unless the disclosure is made— under the Commonwealth Act ; or for the discharge of the person’s functions under this Act; or to the PIM for the discharge of the PIM’s functions under part 2 ; or to an inspecting entity for the discharge of the inspecting entity’s functions under part 4 . Maximum penalty—100 penalty units or 2 years imprisonment. See also the following provisions of the Commonwealth Act — section 63 (No dealing with intercepted information or interception warrant information) section 105 (Contravention of section 7 or 63 ) schedule 1 , clause 152 (Prohibition on use, recording or disclosure of protected information or its admission in evidence). Subsection (1) applies despite the provisions of another Act that may allow a person to disclose the information or a record obtained by the person because he or she is or was engaged in the administration of the other Act. Subsection (1) does not apply to information received— from the PIM under section 12 ; or from an inspecting entity under section 24 (4) . In this section— disclose , in relation to any information or record, includes communicate to another person, make use of, make a record of, or give in evidence in a proceeding. s 34 amd 2023 No. 1 s 92 (sec.34-ssec.1) A person must not disclose any information or record obtained by the person because he or she is or was engaged in the administration of this Act, unless the disclosure is made— under the Commonwealth Act ; or for the discharge of the person’s functions under this Act; or to the PIM for the discharge of the PIM’s functions under part 2 ; or to an inspecting entity for the discharge of the inspecting entity’s functions under part 4 . Maximum penalty—100 penalty units or 2 years imprisonment. See also the following provisions of the Commonwealth Act — section 63 (No dealing with intercepted information or interception warrant information) section 105 (Contravention of section 7 or 63 ) schedule 1 , clause 152 (Prohibition on use, recording or disclosure of protected information or its admission in evidence). (sec.34-ssec.2) Subsection (1) applies despite the provisions of another Act that may allow a person to disclose the information or a record obtained by the person because he or she is or was engaged in the administration of the other Act. (sec.34-ssec.3) Subsection (1) does not apply to information received— from the PIM under section 12 ; or from an inspecting entity under section 24 (4) . (sec.34-ssec.4) In this section— disclose , in relation to any information or record, includes communicate to another person, make use of, make a record of, or give in evidence in a proceeding.

• (a) under the Commonwealth Act ; or
• (b) for the discharge of the person’s functions under this Act; or