Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section:
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
"ILSC officer" means a person:
(a) who is or has been an Indigenous Land and Sea Corporation Director or an acting Indigenous Land and Sea Corporation Director; or
(b) who is or has been the Indigenous Land and Sea Corporation Chief Executive Officer or an acting Indigenous Land and Sea Corporation Chief Executive Officer; or
(c) who is or has been employed or engaged under section 192S or 192V; or
(d) who is performing, or who has performed, duties on behalf of the Indigenous Land and Sea Corporation under an arrangement under section 192T; or
(e) whose services are being, or have been, made available to the Indigenous Land and Sea Corporation under an arrangement under section 192U; or
(f) who is or has been a director or employee of a subsidiary of the Indigenous Land and Sea Corporation.
"produce" includes permit access to.
(1A) A person who was covered by the definition of ILC officer as in force immediately before this subsection commenced is covered by the definition of ILSC officer .
Note: This is intended to make it clear that any person who held an office, or undertook any other role, covered by the definition at a time when the corporation had its original name of the Indigenous Land Corporation, is still an ILSC officer . See also subsection 25B(1) of the Acts Interpretation Act 1901 .
Information and documents to which this section applies
(2) This section applies to information acquired, or a document obtained, by an ILSC officer:
(a) in connection with the performance of a function, or the exercise of a power, of the Indigenous Land and Sea Corporation; or
(b) in connection with the performance by a subsidiary of the Indigenous Land and Sea Corporation of a function that corresponds to a function of the Indigenous Land and Sea Corporation; or
(c) in connection with the exercise of a power by a subsidiary of the Indigenous Land and Sea Corporation, where the power relates to such a corresponding function.
ILSC officer not to disclose certain information
(3) Subject to this section, an ILSC officer must not, either directly or indirectly:
(a) disclose to any person any information concerning the affairs of another person acquired by the ILSC officer, where:
(i) the information was acquired by the ILSC officer in the performance of duties in connection with an application for, or the giving of, a loan, grant or guarantee; or
(ii) disclosure of the information could reasonably be expected to prejudice substantially the commercial interests of the other person; or
(b) disclose to any person information acquired by the ILSC officer, where, to the knowledge of the ILSC officer:
(i) the information is considered sacred or otherwise significant by a particular group of Aboriginal persons or Torres Strait Islanders; and
(ii) the disclosure would be inconsistent with the views or sensitivities of those Aboriginal persons or Torres Strait Islanders; or
(c) produce to any person a document relating to the affairs of another person, where:
(i) the document was obtained by the ILSC officer in the performance of duties in connection with an application for, or the giving of, a loan, grant or guarantee; or
(ii) the production of the document could reasonably be expected to prejudice substantially the commercial interests of the other person; or
(d) produce to any person a document obtained by the ILSC officer, where, to the knowledge of the ILSC officer:
(i) the document contains information that is considered sacred or otherwise significant by a particular group of Aboriginal persons or Torres Strait Islanders; and
(ii) the production of the document would be inconsistent with the views or sensitivities of those Aboriginal persons or Torres Strait Islanders.
Offence
(4) A person who contravenes subsection (3) commits an offence punishable on conviction by imprisonment for a term not exceeding 12 months.
ILSC officer not required to disclose certain information to a court
(5) Subject to this section, an ILSC officer must not be required to:
(a) disclose to a court any information concerning the affairs of another person acquired by the ILSC officer, where:
(i) the information was acquired by the ILSC officer in the performance of duties in connection with an application for, or the giving of, a loan, grant or guarantee; or
(ii) disclosure of the information could reasonably be expected to prejudice substantially the commercial interests of the other person; or
(b) disclose to a court information acquired by the ILSC officer, where:
(i) the information is considered sacred or otherwise significant by a particular group of Aboriginal persons or Torres Strait Islanders; and
(ii) the disclosure would be inconsistent with the views or sensitivities of those Aboriginal persons or Torres Strait Islanders; or
(c) produce to a court a document relating to the affairs of another person, where:
(i) the document was obtained by the ILSC officer in the performance of duties in connection with an application for, or the giving of, a loan, grant or guarantee; or
(ii) the production of the document could reasonably be expected to prejudice substantially the commercial interests of the other person; or
(d) produce to a court a document obtained by the ILSC officer, where:
(i) the document contains information that is considered sacred or otherwise significant by a particular group of Aboriginal persons or Torres Strait Islanders; and
(ii) the production of the document would be inconsistent with the views or sensitivities of those Aboriginal persons or Torres Strait Islanders.
Exception--disclosure for the purposes of performance of functions etc.
(6) Subsections (3) and (5) do not apply to the disclosure of information, or the production of a document, if the disclosure or production, as the case requires, is for the purposes of:
(a) the performance of a function, or the exercise of a power, of the Indigenous Land and Sea Corporation; or
(b) the performance by a subsidiary of the Indigenous Land and Sea Corporation of a function that corresponds to a function of the Indigenous Land and Sea Corporation; or
(c) the exercise of a power by a subsidiary of the Indigenous Land and Sea Corporation, where the power relates to such a corresponding function.
Exception--prosecutions
(7) Paragraphs (3)(a), (3)(c), (5)(a) and (5)(c) do not apply to the disclosure of information, or the production of a document, if the disclosure or production, as the case requires, is for the purposes of a criminal proceeding.