Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p25
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 61674–64362

(b) a member of the staff assisting the Commissioner;

must not, either directly or indirectly, communicate to any person any information concerning the affairs of any other person if the information has been acquired by him or her:

     (c) in the exercise or the purported exercise of powers under or for the purposes of this Act; or

     (d) in the performance or the purported performance of the duties under or for the purposes of this Act.

"(3) Subsection (2) does not apply to a person who communicates the information in the performance of a duty in connection with this Act.

"(4) Subsection (2) does not prevent the communication of information or the production of a document by the Commissioner, or by a member of the staff assisting the Commissioner authorised by the Commissioner:

  (a) to the Minister; or

  (b) to a court for the purposes of this Act; or

    (c) to a person to whom, in the Minister's opinion, it is in the public interest that the information be communicated or the document produced.

  "(5) A person who is or has been:

  (a) the Commissioner; or

  (b) a member of the staff assisting the Commissioner;

is not required:

  (c) to communicate to a court any information; or

  (d) to produce in a court any document;

acquired by him or her, in the exercise or the purported exercise of powers, or the performance or the purported performance of duties, for the purposes of this Act, except when it is necessary to do so for the purposes of this Act.

"(6) Subsection (2) does not prevent the communication of information or the production of a document by the Commissioner, or by a member of the staff assisting the Commissioner authorised by the Commissioner:

  (a) to the Secretary to a Department of the Commonwealth; or

    (b) to an officer of a Department of the Commonwealth, approved, in writing, by the Secretary to that Department;

for the purpose of advising the Minister administering that Department in connection with a submission:

    (c) made, or to be made, by the Minister administering that Department to the Minister administering this Act; and

  (d) relating to the administration of this Act.

"(7) If information is communicated under subsection (6) to the Secretary to a Department of the Commonwealth or to an officer of a Department of the Commonwealth, the Secretary or the officer must not, either directly or indirectly, except for the purpose mentioned in subsection (6), divulge or communicate that information to any person.

"(8) For the purposes of this section, if a person appointed under an Act (the 'first Act') has all the powers of, or exercisable by, a Secretary of a Department of the Australian