Western Australian Current Acts Western Australian Current Acts (1) This section
applies to every person who is or has been —
(a) a
member of, or the Registrar of, the former Commercial Tribunal that existed
under the Commercial Tribunal Act 1984 4 before that Act was repealed; or
(b) a
person appointed under section 32(1); or
(c) the
Commissioner or a delegate of the Commissioner; or
(d) an
authorised person under section 55(1); or
[(e) deleted]
(f) a
member of the staff assisting the Commissioner.
(2) A person to whom
this section applies shall not misuse information obtained by reason of any
function that person has, or at any time had, in the administration of the
cognate Acts.
Penalty: $20 000.
(3) A person misuses
information if it is, directly or indirectly, recorded, used or disclosed to
another person, other than —
(a) in
the course of duty; or
(b)
under —
(i)
the cognate Acts, the Fair Trading Act 2010 , the State
Administrative Tribunal Act 2004 ; or
(ii)
the corresponding Acts, or proposed laws, of the
legislature of the Commonwealth or of another State or of a Territory;
or
(c) for
the purposes of the investigation of any suspected offence or the conduct of
proceedings against any person for an offence; or
(d) in a
manner that could not reasonably be expected to lead to the identification of
any person to whom the information refers; or
(e) with
the consent of the person to whom the information relates, or each of them if
there is more than one.
(4) In this section
—
information means information concerning the
affairs of a person.
[Section 56 amended: No. 55 of 2004 s. 205; No. 28
of 2006 s. 89; No. 58 of 2010 s. 194.]