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Transport Operations (Marine Pollution) Act 1995
sec.128CGeneral limitation
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### sec.128C General limitation
A person (the disclosing person ) is not civilly or criminally liable for disclosing information to an official about a person’s conduct, whether committed before or after the commencement of this section, that the disclosing person honestly believes, on reasonable grounds, contravenes this Act.
Without limiting subsection (1) —
in a proceeding for defamation, the disclosing person has a defence of absolute privilege for publishing the disclosed information; and
if the disclosing person would otherwise be required to maintain confidentiality about the disclosed information under an Act, agreement, oath, rule of law or practice, the disclosing person does not—
contravene the Act , oath, rule of law or practice by making the disclosure; or
breach the agreement by making the disclosure.
In this section—
agreement includes a contract or deed.
s 128C ins 2006 No. 21 s 36
(sec.128C-ssec.1) A person (the disclosing person ) is not civilly or criminally liable for disclosing information to an official about a person’s conduct, whether committed before or after the commencement of this section, that the disclosing person honestly believes, on reasonable grounds, contravenes this Act.
(sec.128C-ssec.2) Without limiting subsection (1) — in a proceeding for defamation, the disclosing person has a defence of absolute privilege for publishing the disclosed information; and if the disclosing person would otherwise be required to maintain confidentiality about the disclosed information under an Act, agreement, oath, rule of law or practice, the disclosing person does not— contravene the Act , oath, rule of law or practice by making the disclosure; or breach the agreement by making the disclosure.
(sec.128C-ssec.3) In this section— agreement includes a contract or deed.
- (a) in a proceeding for defamation, the disclosing person has a defence of absolute privilege for publishing the disclosed information; and
- (b) if the disclosing person would otherwise be required to maintain confidentiality about the disclosed information under an Act, agreement, oath, rule of law or practice, the disclosing person does not— (i) contravene the Act , oath, rule of law or practice by making the disclosure; or (ii) breach the agreement by making the disclosure.
- (i) contravene the Act , oath, rule of law or practice by making the disclosure; or
- (ii) breach the agreement by making the disclosure.
- (i) contravene the Act , oath, rule of law or practice by making the disclosure; or
- (ii) breach the agreement by making the disclosure.