Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p73
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 183700–186456

or

    (b)     the document, the matter contained in the document, or the information was given to the Minister, or to an officer of the Department, in confidence.

"(2) If, in compliance with a requirement of or under this Act, the Secretary gives to the Tribunal a document or information to which this section applies, the Secretary:

    (a)     must notify the Tribunal in writing that this section applies in relation to the document or information; and

    (b)     may give the Tribunal any written advice that the Secretary thinks relevant about the significance of the document or information.

"(3) If the Tribunal is given a document or information and is notified that this section applies in relation to it, the Tribunal:

    (a)     may, for the purpose of the exercise of its powers, have regard to any matter contained in the document, or to the information; and

    (b)     may, if the Tribunal thinks it appropriate to do so having regard to any advice given by the Secretary under subsection (2), disclose any matter contained in the document, or the information, to the applicant.

"(4) If the Tribunal discloses any matter to the applicant, under subsection (3), the Tribunal must give a direction under section 166GE in relation to the information.

Disclosure of confidential information

  "166GD.(1) This section applies to a person who is or has been:

  (a)     a member of the Tribunal; or

  (b)     a person acting as a member of the Tribunal; or

  (c)     an officer of the Tribunal; or

    (d)     a person providing interpreting services in connection with a review by the Tribunal.

"(2) This section applies to information or a document if the information or document concerns a person and is obtained by a person to whom this section applies in the course of performing functions or duties or exercising powers under this Act.

  "(3) A person to whom this section applies must not:

    (a)     make a record of any information to which this section applies; or

    (b)     divulge or communicate to any person any information to which this section applies;

unless the record is made or the information is divulged or communicated:

  (c)     for the purposes of this Act; or

    (d)     for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act.

Penalty: Imprisonment for 2 years.

"(4) Subsection (3) applies to the divulging or communication of information whether directly or indirectly.

"(5) A person to whom this section applies must not be required to produce any document, or to divulge or communicate any information, to which this section applies to or in:

   (a)     a court; or

   (b)     a tribunal; or

     (c) a House of the