(1) This section applies if a relevant person obtains personal information in the course of exercising powers or performing functions under this Act or any other Act.
(2) The relevant person is guilty of an offence if the person:
(a) discloses the information to someone else; or
(b) does something that discloses the information to someone else and is reckless about whether:
(i) the information is personal information; or
(ii) doing the thing would result in the information being disclosed.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(3) Subsection (2) does not apply to the disclosure of information:
(a) to the extent the disclosure is reasonably required to exercise powers or perform functions under this Act or any other Act; or
(b) to the extent that the relevant person is expressly authorised, permitted or required to disclose the information under this Act or any other Act; or
(c) with the prior consent in writing of the person to whom the information relates; or
(d) to a court or tribunal in the course of legal proceedings; or
(e) under an order of a court or tribunal under another Act or law; or
(f) to the extent the disclosure is reasonably required to enable the enforcement or investigation of the criminal law or a disciplinary matter.
(4) Subsection (2) extends to the disclosure of information that was disclosed under a corresponding law to a local regulatory authority or a relevant person.
(5) In this section:
"local regulatory authority" means:
(a) an authority having powers or functions under this Act; or
(b) a person or body prescribed, or of a class prescribed, by the regulations.
"personal information" means information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can be reasonably ascertained, from the information or opinion, but does not include information or an opinion of a kind prescribed by the regulations.
"relevant person" means:
(a) a local regulatory authority; or
(b) a member or former member of a local regulatory authority; or
(c) a person currently or previously employed by or acting at the direction of a local regulatory authority.