Document ID: chunk:federal_register_of_legislation:C2024C00630:section:112:p1
Version: federal_register_of_legislation:C2024C00630
Segment Type: section
Provision Reference: s 112 (pt 1/2)
Character Range: 131313–133822

112  Non‑disclosure of private information
 (1) A person who is, or has at any time been, the Commissioner, a member of the Commission or a member of the staff assisting the Commission or is, or has at any time been, authorized to perform or exercise any function or power of the Commission or the Commissioner or any function or power on behalf of the Commission or the Commissioner, being a function or power conferred on the Commission or on the Commissioner under this Act, shall not, either directly or indirectly:
 (a) make a record of, or divulge or communicate to any person, any information relating to the affairs of another person acquired by the first‑mentioned person by reason of that person's office or employment under or for the purposes of this Act or by reason of that person being or having been so authorized; or
 (b) make use of any such information as is mentioned in paragraph (a); or
 (c) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.
Penalty: 50 penalty units or imprisonment for 1 year, or both.
 (2) A person who is, or has at any time been, the Commissioner, a member of the Commission or a member of the staff assisting the Commission or is, or has at any time been, authorized to perform or exercise any function or power of the Commission or the Commissioner or any function or power on behalf of the Commission or the Commissioner, being a function or power conferred on the Commission or on the Commissioner under this Act, shall not be required:
 (a) to divulge or communicate to a court any information relating to the affairs of another person acquired by the first‑mentioned person by reason of that person's office or employment under or for the purposes of this Act or by reason of that person being or having been so authorized; or
 (b) to produce in a court a document relating to the affairs of another person of which the first‑mentioned person has custody, or to which that person has access, by reason of that person's office or employment under or for the purposes of this Act or by reason of that person being or having been so authorized;
except where it is necessary to do so for the purposes of this Act.
 (3) Nothing in this section prohibits a person from:
 (a) making a record of information that is, or is included in a class of information that is, required or permitted by an Act to be recorded, if the record is made for the purposes of or pursuant to that Act; or
 (b) divulging or