Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 110

Preservation of secrecy

110 Preservation of secrecy

(1) A person who is or was at any time the commissioner, an assistant commissioner or an officer of the department, or an inspector shall not, other than in the course of the person’s duty under this Act or where it is competent to the person so to do because of a provision of this Act, directly or indirectly, communicate information that came to the person’s knowledge as a consequence of the person holding that appointment or position.
(2) It is competent—
(a) to the commissioner, an officer of the department, and an inspector to communicate to a person whose complaint concerning any matter has been investigated by the bureau, or to QCAT, information concerning that matter, which has come to his or her knowledge because of the investigation and which is of a class of information that the commissioner has authorised, either generally or in a particular case, to be so communicated; and
(b) to the commissioner or a person authorised in that behalf by the commissioner to make a disclosure or publication concerning any of the matters referred to in section 109 (1) (b) ; and
(c) to the commissioner or a person authorised in that behalf by the commissioner to communicate to the appropriate Minister or official of the Crown in right of the Commonwealth or of Queensland or of any other State or of a Territory information which the commissioner considers should be communicated for the purpose of the administration of any law of the Commonwealth or of Queensland or of any other State or of a Territory.
(2A) The commissioner may communicate to the appropriate Minister or official of another country information that the commissioner considers should be communicated for the administration of the law of the other country.
(3) Subsection (1) shall not be construed to prohibit any person referred to in that subsection when called as a witness in any legal proceedings from answering any question that the person is compellable to answer in those proceedings.
(4) In no case shall a person referred to in subsection (1) disclose or be compelled to disclose the source of information that came to the person’s knowledge in consequence of the person holding an appointment or position under this Act.
(5) Subsection (4) does not apply in any case where the person or the body that is the source of the information consents to the disclosure.
(6) Subsection (1) is taken also to refer to a person who was at any time—
(a) a member of the former Consumer Safety Committee or former Consumer Affairs Council; or
(b) an officer of the former Office of Fair Trading.



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