Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) In this section:
"court" includes any entity with power to require the production of documents or answering of questions.
"divulge" includes communicate.
"produce" includes allow access to.
"protected information" means information that is disclosed to, or obtained by, a person to whom this section applies if—
(a) the information is disclosed to the person because of the exercise of a function under this Act by the person or someone else; and
(b) at disclosure, the function is being exercised in relation to—
(i) a hearing held in private; or
(ii) evidence, or a document, to which a direction under section 39 (2) (b) or (c) applies.
(2) This section applies to a person who is, or has been—
(a) a tribunal member; or
(b) a member of the staff of the tribunal; or
(c) acting under the direction or authority of the tribunal.
(3) The person commits an offence if—
(a) the person—
(i) makes a record of protected information; and
(ii) is reckless about whether the information is protected information; or
(b) the person—
(i) does something that divulges protected information; and
(ii) is reckless about whether—
(A) the information is protected information; and
(B) doing the thing would result in the information being divulged.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(4) This section does not apply if the record is made, or the information is divulged—
(a) under this Act or another territory law; or
(b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law.
(5) The person need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.