Australian Capital Territory Numbered Acts

ARCHITECTS ACT 2004 (NO. 20 OF 2004) - SECT 84

    (1)     In this section:

"court" includes any tribunal, authority or person with power to require the production of documents or the answering of questions.

"produce" includes allow access to.

"protected information" means information about a person that is disclosed to, or obtained by, an informed person because of the exercise of a function under this Act.

    (2)     A person commits an offence if—

        (a)     the person is an informed person; and

        (b)     the person—

              (i)     makes a record of protected information; or

              (ii)     directly or indirectly, divulges or communicates protected information to someone else; and

        (c)     the record is not made, or the information is not divulged or communicated, in relation to the exercise of a function, as a protected person, under this Act.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     Subsection (2) does not apply if the informed person makes the record, or divulges or communicates the information, in relation to the exercise of a function, as a protected person, under this Act or another Territory law.

    (4)     Subsection (2) does not prevent an informed person from divulging or communicating protected information—

        (a)     with the consent of the person from whom the information was obtained; or

        (b)     to a person administering or enforcing a corresponding law of a local jurisdiction; or

        (c)     to a law enforcement authority.

Note     Corresponding law —see dict.

    (5)     An informed person need not divulge or communicate protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another Act.