Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a person who is or has been:
(a) the CEO; or
(b) a member of the staff of the Commission referred to in section 60; or
(c) a consultant engaged under section 62.
(2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except for the purposes of this Act:
(a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by the first - mentioned person by reason of his or her employment; or
(b) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.
Penalty: Imprisonment for 12 months or 20 penalty units , or both.
(3) Subsection ( 2) does not apply to the disclosure of information, or the production of a document, to the Minister, to the Secretary of the Department, or to an officer of the Department designated by the Secretary.
(4) Subsection ( 2) does not prevent a person to whom this section applies from communicating, or making available to another person:
(b) the following information relating to payments of grants authorised by the CEO under the Export Market Development Grants Act 1997 or the Export Market Development Grants Act 1974 :
(i) the name and address of a person to whom the CEO has authorised a payment;
(ii) the amount of a grant to a person;
(iii) the industry to which a grant relates; and
(c) any information of a statistical nature relating to the making of grants under the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997 .
(5) A person to whom this section applies shall not be required to divulge or communicate to a court any information referred to in subsection ( 2) or to produce in a court any document referred to in that subsection, except when it is necessary to do so for the purposes of, or of a prosecution for an offence against, this Act, the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997 .
(6) A person to whom information is communicated under subsection ( 3) and an employee or other person under that person's control are, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsections ( 2) and (5) as if they were persons referred to in subsection ( 1).
(7) In this section:
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
"produce" includes to permit access to.