Queensland Consolidated Acts

SECOND-HAND DEALERS AND PAWNBROKERS ACT 2003 - SECT 112

112 Confidentiality

(1) This section applies if a person gains confidential information through involvement in the administration of this Act.

(2) The person must not make a record of the information or disclose the information to another person, other than under subsection (4) .

Penalty—

Maximum penalty—35 penalty units.

(3) Without limiting subsection (1) , a person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being—

(a) the chief executive; or

(b) a public service employee employed in the department; or

(c) a person engaged by the chief executive for this Act.

(4) A person may make a record of confidential information or disclose it to another person—

(a) for this Act; or

(b) to discharge a function under another law; or

(c) for a proceeding in a court or QCAT; or

(d) if authorised by a court or QCAT in the interests of justice; or

(e) if required or permitted by law; or

(f) for information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates.

(5) The chief executive must destroy the following as soon as practicable after it is no longer needed for the purpose for which it was requested or given—

(a) a criminal history report about a person;

(b) a copy of a control order or registered corresponding control order accompanying a criminal history report about a person;

(c) a notice given under section 9 (2) about a person.

(6) The Public Records Act 2002 does not apply to the documents mentioned in subsection (5) .

(7) In this section—

"confidential information" —

(a) includes information about a person’s affairs; but

(b) does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.