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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 110
Confidentiality of information
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 disclosure of information,
or the giving of access to a document, by the commission to the chief
executive for the purpose of monitoring the operation and effectiveness of
this Act; or
(b) the use of the information or document by the chief
executive for that purpose.
(5) 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.
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