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HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - SECT 45

Non-disclosure of private information
45. Section 112 of the Principal Act is amended-

   (a)  by omitting the penalty at the end of sub-section (1) and substituting
        the following penalty:

"Penalty: $5,000 or imprisonment for 1 year, or both."; and

   (b)  by omitting sub-section (3) and substituting the following
        sub-sections:

"(3) Nothing in this section prohibits a person from-

   (a)  making a record of information that is, or is included in a class of
        information that is, required or permitted by an Act to be recorded,
        if the record is made for the purposes of or pursuant to that Act;

   (b)  divulging or communicating information, or producing a document, to
        any person in accordance with an arrangement in force under section 16
        of the Human Rights and Equal Opportunity Commission Act 1986; or

   (c)  divulging or communicating information, or producing a document, that
        is, or is included in a class of information that is or class of
        documents that are, required or permitted by an Act to be divulged,
        communicated or produced, as the case may be, if the information is
        divulged or communicated, or the document is produced, for the
        purposes of or pursuant to that Act.

"(3A) Nothing in sub-section (2) prevents a person from being required, for
the purposes of or pursuant to an Act, to divulge or communicate information,
or to produce a document, that is, or is included in a class of information
that is or class of documents that are, required or permitted by that Act to
be divulged, communicated or produced.". 


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