Document ID: chunk:federal_register_of_legislation:C2024C00851:section:150:p1
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 150 (pt 1/5)
Character Range: 425392–428154

150  Secrecy
 (1) In this section:
court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
person to whom this section applies means a person who is or has been:
 (a) the Minister; or
 (aa) the Human Services Minister; or
 (b) appointed or employed by, or a provider of services for, the Commonwealth; or
 (c) a person to whom protected information is communicated under subsection (3), (4) or (4G); or
 (d) a person to whom protected information is communicated by:
 (i) a person to whom the information was communicated under subsection (3) or (4); or
 (ii) a person mentioned in this paragraph; or
 (e) a person to whom this section applied immediately before the commencement of Schedule 5 to the Child Support Legislation Amendment Act 2001.
produce includes permit access to.
protected document means:
 (a) a document that:
 (i) contains information that concerns a person; and
 (ii) is obtained or made by another person in the course of, or because of, the other person's duties under or in relation to this Act; or
 (b) a document to which paragraph (a) applied that is communicated to a person in circumstances authorised by this section.
protected information means:
 (a) information that:
 (i) concerns a person; and
 (ii) is disclosed to or obtained by another person in the course of, or because of, the other person's duties under or in relation to this Act; or
 (b) information to which paragraph (a) applied that is communicated to a person in circumstances authorised by this section.
relevant Minister means:
 (a) the Minister; or
 (aa) the Human Services Minister; or
 (b) the Prime Minister.
Veterans' Affairs Department means the Department administered by the Minister administering the Veterans' Entitlements Act 1986.
 (2) Subject to this section, a person to whom this section applies must not:
 (a) make a record of any protected information; or
 (b) whether directly or indirectly, communicate to a person any protected information concerning another person.
Penalty: Imprisonment for 1 year.
 (2A) Subsection (2) does not apply if the record is made, or the information is communicated:
 (a) under or for the purposes of this Act; or
 (b) in the performance of duties, as a person to whom this section applies, under or in relation to this Act; or
 (c) for the purpose for which the information was communicated under this section.
 (2B) Subsection (2) does not apply to the making of a record of information with the express or implied authorisation of the person to whom the information relates.
 (3) Subsection (2) does not prevent the Registrar or a person authorised by the Registrar from communicating any protected information:
 (a) to the Secretary,