Document ID: chunk:federal_register_of_legislation:C2024C00434:section:102:p2
Version: federal_register_of_legislation:C2024C00434
Segment Type: section
Provision Reference: s 102 (pt 2/3)
Character Range: 129101–131715

to divulge or communicate the information to a court, unless it is necessary to do so:
 (c) for the purposes of this Act; or
 (d) for the purposes of a prosecution for an offence against this Act.
 (3C) If:
 (a) a document is produced to a person (the recipient) by an eligible person for the purposes of this Act or for the purpose of complying with Australia's obligations under the Convention; and
 (b) at the time the document was produced, the eligible person specified that the document was a confidential document to which this subsection applies;
the recipient must not, either directly or indirectly:
 (c) make a copy of the document; or
 (d) produce the document to another person.
 (3D) If:
 (a) a document is produced to a person (the recipient) by an eligible person for the purposes of this Act or for the purpose of complying with Australia's obligations under the Convention; and
 (b) at the time the document was produced, the eligible person specified that the document was a confidential document to which subsection (3C) applies;
the recipient must not be required to produce the document to a court, unless it is necessary to do so:
 (c) for the purposes of this Act; or
 (d) for the purposes of a prosecution for an offence against this Act.
 (3E) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct contravenes subsection (2), (3A) or (3C).
Penalty: Imprisonment for 2 years.
 (3F) In subsection (3E):
engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.
 (4) In this section:
offence against this Act includes an offence created by:
 (a) section 6 of the Crimes Act 1914; or
 (b) section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to this Act.
 (4A) For the purposes of this section, if in the course of an inspection under Part 5 an eligible person acquires information concerning the affairs of another person, the information is taken to be confidential information unless, at the time the information was acquired:
 (a) the information was already available to the public; or
 (b) the other person specified that the other person would have no objection if the information were to become available to the public.
However, if an objection is made, but is later withdrawn, the information is taken not to be confidential information at any time after the withdrawal.
 (4B) For the purposes of this section, if in the course of an inspection under Part 5 an eligible person acquires a document relating to the affairs of another person, the document is taken to be a confidential document unless, at the time the document