Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_182
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 182
Character Range: 258743–260970

182  Confidentiality
 (1) This section applies to a person engaged or previously engaged in the administration of this Act and (without limiting the foregoing) to:
 (a) a person who is or was a delegate of the Authority; or
 (b) a person who is or was employed by, or engaged to provide services to or on behalf of, the Authority; or
 (c) a person who is or was employed by, or engaged to provide services to, a person or body engaged to provide services to the Authority.
 (2) A person to whom this section applies must not divulge or communicate information obtained (whether by that person or otherwise) in the administration of this Act except:
 (a) as required or authorised by or under this or any other Act; or
 (b) with the consent of the person from whom the information was obtained or to whom the information relates; or
 (c) in connection with the administration of road laws; or
 (d) to an Australian Authority, an Australian authorised officer or an Australian police officer; or
 (e) to a prescribed public authority of any jurisdiction; or
 (f) to a public authority of any jurisdiction for law enforcement purposes; or
 (g) to a court or in connection with any legal proceedings; or
 (h) in accordance with guidelines approved by the Minister.
 (3) Information that has been disclosed under subsection (2) for a particular purpose must not be used for any other purpose by:
 (a) the person to whom the information was disclosed; or
 (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.
 (4) A person commits an offence if the person engages in conduct that results in a contravention of subsection (2) or (3).
 (5) The offence is an offence of strict liability.
 (6) Nothing in this section prevents information from being used:
 (a) to assist a person in deciding whether or not to withdraw a formal warning for any offence; or
 (b) to enable the Authority to accumulate aggregate data and to enable the Authority to authorise use of the aggregate data for the purposes of research or education.
       Drafting note: It is assumed that jurisdictional privacy law will apply or be applied appropriately.