Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_107b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 107B
Character Range: 364751–366878

107B  Identity of person who has appointed agent not to be disclosed

Disclosure by Commission prohibited

 (1) The Commission must not disclose information that the Commission has reasonable grounds to believe will identify a person who has appointed an agent under section 107A as a person who has initiated a bargaining period under section 107.

 (2) Each of the following is an exception to subsection (1):
 (a) the disclosure is required or authorised by this Act or by another Act, by regulations made for the purposes of another provision of this Act, or by regulations made for the purposes of another Act;
 (b) the person whose identity is disclosed has, in writing, authorised the disclosure.

Disclosure by person prohibited

 (3) A person commits an offence if:
 (a) the person discloses information; and
 (b) the information is protected information; and
 (c) the person has reasonable grounds to believe that the information will identify another person as a person referred to in subsection (1); and
 (d) the disclosure is not made by the person in the course of performing functions or duties:
 (i) as a Registry official; or
 (ii) as, or on behalf of, an authorised ballot agent; and
 (e) the disclosure is not required or authorised by this Act or by another Act, by regulations made for the purposes of another provision of this Act, or by regulations made for the purposes of another Act; and
 (f) the person whose identity is disclosed has not, in writing, authorised the disclosure.

Penalty: Imprisonment for 6 months.

 (4) In this section:

protected information, in relation to a person, means information that the person acquired:
 (a) in the course of performing functions or duties as a Registry official; or
 (b) in the course of performing functions or duties as, or on behalf of, an authorised ballot agent; or
 (c) from a person referred to in paragraph (a) or (b) who acquired the information as mentioned in paragraph (a) or (b).

Registry official means:
 (a) the Industrial Registrar; or
 (b) a member of the staff of the Industrial Registry (including a Deputy Industrial Registrar).