Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 110

110 Confidentiality of information

(1) This section applies if a person obtains information or gains access to a document in exercising a power or performing a function under this Act.

(2) The person must not do any of the following—

(a) disclose to anyone else—

(i) the information; or

(ii) the contents of or information contained in the document;

(b) give access to the document to anyone else;

(c) use the information or document for any purpose.

Penalty—

Maximum penalty—100 penalty units.

(3) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document—

(a) with the consent of the person to whom the information relates; or

(b) that is necessary for the exercise of a power or performance of a function under this Act; or

(c) that is made or given by the commission or a person authorised by the commission if the commission reasonably believes the disclosure, access or use—

(i) is necessary for administering, or monitoring or enforcing compliance with, this Act or the Building Act 1975 ; or

(ii) is necessary for the administration or enforcement of another Act prescribed by regulation; or

(iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or

(d) that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or

(e) that is required or authorised under a law, including, for example, section 28A or 28B ; or

(f) to the extent the disclosure, access or use is necessary to comply with section 106V .

(4) Also, subsection (2) does not apply to—

(a) the use of information or a document by a Minister; or

(b) the disclosure of information, or the giving of access to a document, to a Minister.