Queensland Consolidated Acts

FIRST HOME OWNER GRANT AND OTHER HOME OWNER GRANTS ACT 2000 - SECT 68

68 Offence to disclose confidential information

(1) This section applies to a person who—

(a) is or has been engaged in the administration of this Act, the RHBBG direction or the home builder direction, including an employee of an agent of the commissioner; or

(b) has obtained access to confidential information, whether directly or indirectly, from a person mentioned in paragraph (a) .

(2) The person must not disclose confidential information acquired by the person to anyone else other than under subsection (3) or (4) .

Penalty—

Maximum penalty—100 penalty units.

(3) The person may disclose confidential information—

(a) at the request, or with the consent of, the person to whom the information relates or someone else acting on the person’s behalf; or

(b) if the disclosure is expressly permitted or required under another Act; or

(c) in connection with the administration or enforcement of—

(i) this Act, the RHBBG direction, the home builder direction or a corresponding law; or

(ii) a taxation law; or

(iii) the First Home Saver Accounts Act 2008 (Cwlth) ; or

(d) for a legal proceeding under this Act; or

(e) to the extent required to comply with the agreement between the Commonwealth and the State called ‘National Partnership on HomeBuilder’.

(4) Also, if the commissioner becomes aware, from information obtained or held by the commissioner in the course of administering this Act, the RHBBG direction or the home builder direction, of a particular offence or suspected offence (whether against this Act or another law), the commissioner may disclose confidential information about the offence or suspected offence to a member of the Queensland Police Service or the Australian Federal Police for an investigation or proceeding (including for starting an investigation or proceeding).

(5) For a proceeding other than a legal proceeding under this Act, the person can not be compelled to disclose to a court or QCAT or to a party—

(a) confidential information; or

(b) whether or not the person has received particular confidential information; or

(c) the identity of the source of particular confidential information.

(6) If, under subsection (3) (c) , confidential information is disclosed to another person in connection with the administration or enforcement of a law, the RHBBG direction or the home builder direction, the person must not disclose the information to anyone else other than in connection with that purpose.

Penalty—

Maximum penalty—100 penalty units.

(7) In this section—

"confidential information" means information held by the commissioner, including information given on an application under this Act, that relates to a particular application for a first home owner grant, regional home building boost grant or home builder grant.