(1) This section
applies to a person who is or has been —
(a) the
Minister; or
(b)
chief executive officer; or
(c) an
authorised person; or
(d) an
officer of the department assisting the Minister or the chief executive
officer.
(2) Subject to
subsection (3), a person to whom this section applies shall not, directly or
indirectly, make a record of, or divulge or communicate to any person, any
information concerning the affairs of any other person acquired by the person
to whom this section applies by reason of his office or employment under or
for the purposes of this Act.
Penalty: $2 000.
(3) Nothing in
subsection (2) prohibits the recording, divulging or communicating of any
information referred to in that subsection —
(a) in
the performance of a function under or in connection with this Act or the
Fair Trading Act 2010 ; or
(b) for
the purposes of any proceedings under an Act referred to in paragraph (a); or
(c) in
the course of an exchange of information with persons or bodies performing
functions under or in connection with a law of the Commonwealth or of another
State or of a Territory corresponding to this Act; or
(d) for
the purposes of —
(i)
answering a question asked in a House of Parliament; or
(ii)
complying with a written law, or an order or resolution
of a House of Parliament, that requires information to be furnished to a House
of Parliament.
[Section 40 amended: No. 58 of 2010 s. 195.]