(1)  This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act (other than under Part 7 ).

(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:  In the case of –

(a) an individual, a fine not exceeding $10 000; or

(b) a body corporate, a fine not exceeding $50 000.

(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) about a person, with the person's consent; or

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

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

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

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

(iv) is necessary for the recognition of authorisations under a corresponding WHS law; or

(v) is required for the exercise of a power or function under a corresponding WHS law; 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; or

(f) to a Minister.

(4)  A person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless –

(a) the disclosure is made with the consent of the complainant; or

(b) the disclosure is required under a law.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $10 000; or

(b) a body corporate, a fine not exceeding $50 000.