South Australian Numbered Acts South Australian Numbered Acts (1) This section
applies to—
(a) the
CEO; and
(b) a
member of the Board; and
(c) a
member of the staff of the ACC; and
(d) an
examiner.
(2) A person to whom
this section applies who, either directly or indirectly, except for the
purposes of a relevant Act or otherwise in connection with the performance of
his or her functions under a relevant Act, and either while he or she is or
after he or she ceases to be a person to whom this section applies—
(a)
makes a record of any information; or
(b)
divulges or communicates to any person any information,
being information acquired by him or her by reason of, or in the course of,
the performance of his or her functions under this Act, is guilty of an
offence.
Maximum penalty: $5 500 or imprisonment for 1 year, or both.
(3) A person to whom
this section applies cannot be required to produce in any court any document
that has come into his or her custody or control in the course of, or by
reason of, the performance of his or her functions 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 performance of those functions, except where the ACC, or the
CEO, the acting CEO, a member of the Board or an examiner in his or her
official capacity, is a party to the relevant proceeding 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 operation or
investigation carried out by the ACC in the performance of its functions.
(4) In this
section—
"court" includes any tribunal, authority or person having power to require the
production of documents or the answering of questions;
"member of the staff of the ACC" means—
(a) a
person referred to in the definition of "member of the staff of the ACC in
section 4(1) of the ACC Act; or
(b) a
person who assists, or performs services for or on behalf of, a legal
practitioner appointed under section 7 in the performance of the legal
practitioner’s functions as counsel to the ACC;
"produce" includes permit access to, and
"production" has a corresponding meaning;
"relevant Act" means the ACC Act, this Act or any corresponding Act of another
State.