Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p56
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 56/66)
Character Range: 173893–176792

in force for the purposes of subsection (2), the Advisory Board may operate in the way it determines.
 (4) The Chair must ensure that minutes of meetings are kept.

Attendance by Commissioner
 (8) The Chair may invite the Commissioner to attend all or part of an Advisory Board meeting.

Determination not a legislative instrument
 (9) A determination made under subsection (2) is not a legislative instrument.

Chapter 7—Miscellaneous

Part 7‑1—Secrecy

Division 150—Secrecy

Subdivision 150‑A—Preliminary

150‑5  Objects of this Division
  The objects of this Division are:
 (a) to protect confidential and personal information by imposing strict obligations on ACNC officers (and other entities that acquire protected ACNC information), and so encourage people to provide correct information to the Commissioner; and
 (b) to facilitate efficient and effective government administration and law enforcement by allowing disclosures of protected ACNC information for specific purposes.

150‑10  Application of this Division to entities other than ACNC officers
  This Division applies in relation to the following entities in the same way as it applies in relation to ACNC officers:
 (a) an entity engaged to provide services relating to the ACNC;
 (b) an individual employed by, or otherwise performing services for, an entity mentioned in paragraph (a);
 (c) an individual:
 (i) appointed or employed by, or performing services for, the Commonwealth or an authority of the Commonwealth; and
 (ii) performing functions or exercising powers under or for the purposes of this Act;
 (d) a member of the Advisory Board.

150‑15  Meaning of protected ACNC information
  In this Act:
protected ACNC information means information that:
 (a) was disclosed or obtained under or for the purposes of this Act; and
 (b) relates to the affairs of an entity; and
 (c) identifies, or is reasonably capable of being used to identify, the entity.

150‑20  ACNC officer not required to provide information in certain cases
  Except where it is necessary to do so for the purposes of giving effect to this Act, an ACNC officer is not to be required:
 (a) to produce to a court or tribunal a document containing protected ACNC information; or
 (b) to disclose protected ACNC information to a court or tribunal.

Subdivision 150‑B—Disclosure of protected ACNC information by ACNC officers

150‑25  Offence—disclosure or use of protected ACNC information
 (1) An entity commits an offence if:
 (a) the entity is, or has been, an ACNC officer; and
Note: This Division applies to certain other entities in the same way as it applies to ACNC officers (see section 150‑10).
 (b) the entity has acquired protected ACNC information in the entity's capacity as an ACNC officer; and
 (c) the entity:
 (i) discloses the information to another entity, other than an entity covered by subsection (2); or
 (ii) uses the information.