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PUBLIC LOTTERIES ACT 1996 - SECT 80
Secrecy
80 Secrecy
(1) A person who-- (a) acquires information in the exercise of a function
under this Act, and
(b) directly or indirectly, makes a record of the
information or divulges it to another person,
is guilty of an offence unless
the information is recorded or divulged in the exercise of functions under
this Act. : Maximum penalty--50 penalty units.
(2) Despite subsection (1),
information may be divulged-- (a) to a particular person or persons, if the
Minister certifies that it is necessary in the public interest that the
information be divulged to the person or persons, or
(b) to a person who is
expressly or impliedly authorised to obtain it by the person to whom the
information relates, or
(c) to a person or authority prescribed by the
regulations.
(3) It is not an offence under this section if, in legal
proceedings, a person-- (a) divulges information in answer to a question that
the person is compellable to answer, or
(b) produces a document or other
thing that the person is compellable to produce.
(4) An authority or person
to whom information is divulged under this section, and a person or employee
under the control of that authority or person, are, in respect of that
information, subject to the same rights, privileges and duties under this
section as they would be if that authority, person or employee were a person
exercising functions under this Act and had acquired the information in the
exercise of those functions.
(5) This section does not apply to the divulging
of information to any of the following-- (a) the Independent Commission
Against Corruption,
(b) the Australian Crime Commission,
(c) the New South
Wales Crime Commission,
(d) the Ombudsman,
(e) any other person or body
prescribed by the regulations for the purposes of this subsection.
(6) This
section does not prevent a person being given access to a document in
accordance with the Government Information (Public Access) Act 2009 unless
the document-- (a) contains matter the disclosure of which could reasonably be
expected to do any of the following-- (i) prejudice the investigation of any
contravention or possible contravention of the law (including any revenue law)
whether generally or in a particular case,
(ii) enable the existence or
identity of any confidential source of information, in relation to the
enforcement or administration of the law, to be ascertained,
(iii) prejudice
the effectiveness of any lawful method or procedure for preventing, detecting,
investigating or dealing with any contravention or possible contravention of
the law (including any revenue law), or
(b) is a document the disclosure of
which would disclose any of the following information-- (i) information
concerning the business, commercial, professional or financial affairs of a
licensee, agent or key employee,
(ii) information obtained in the course of
an investigation of a licensee, agent or key employee.
(7) In this section, a
reference to the divulging of information includes a reference to the
production of a document or other thing and the provision of access to the
document or other thing.
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