Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) This section applies to a person who is or has been—
(a) a member of the authority; or
(b) a member of the staff of the authority.
(2) A person to whom this section applies must not, except for a relevant Act—
(a) make a record of information; or
(b) divulge or communicate information to anyone;
if the information was acquired by the person in the exercise of the person's duties under this Act.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) A person to whom this section applies shall not be required to produce in any court a document that has come into his or her custody or control in the course of, or by reason of, the exercise of duties under this Act, or to divulge or communicate to a court a matter or thing that has come to his or her notice in the exercise of duties under this Act, except if the authority, or a member in the member's official capacity, is a party to the relevant proceedings or it is necessary to do so—
(a) for the purpose of carrying into effect the provisions of a relevant Act; or
(b) for the purposes of a prosecution instituted as a result of an investigation carried out by the authority in the exercise of its functions.
(4) In this section:
"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
"member of the staff of the authority" includes a person who assists or exercises functions on behalf of a legal practitioner appointed under the Commonwealth Act, section 50 in the exercise of the legal practitioner's duties as counsel assisting the authority.
"produce "includes permit access to.
"relevant Act" means this Act, the Commonwealth Act or a corresponding Act of a State.