Australian Capital Territory Numbered Acts

CONSUMER AND TRADER TRIBUNAL ACT 2003 (NO. 16 OF 2003) - SECT 59

    (1)     In this section:

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

"informed person" means anyone who is, or has been—

        (a)     a tribunal member; or

        (b)     a member of the staff of the tribunal; or

        (c)     acting under the direction or authority of the tribunal; or

        (d)     providing advice or expertise to the tribunal.

"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)     An informed person commits an offence if the person—

        (a)     makes a record of protected information; or

        (b)     directly or indirectly, divulges or communicates protected information about someone else.

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

    (3)     Subsection (2) does not apply if the record is made, or the information is divulged or communicated—

        (a)     under this or any other Act; or

        (b)     in relation to the exercise of a function, as an informed person, under this or any other Act; or

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

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

        (e)     to a law enforcement authority.

    (4)     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 or another Act.