South Australian Numbered Acts

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CONTROLLED SUBSTANCES (SERIOUS DRUG OFFENCES) AMENDMENT ACT 2005 (NO 80 OF 2005) - SECT 28

28—Insertion of sections 60A and 60B

After section 60 insert:

60A—Confidentiality

        (1)         A person must not divulge—

            (a)         information relating to trade processes; or

            (b)         medical records or details of medical treatment of a person,

obtained (whether by that person or some other person) in the administration or enforcement of this Act except—

            (c)         in connection with the administration or enforcement of this Act; or

            (d)         as authorised or required by law; or

            (e)         with the consent of the person from whom the information was obtained or to whom the information relates; or

            (f)         for the purpose of any legal proceedings arising out of the administration or enforcement of this Act; or

            (g)         to a law enforcement, prosecution or health authority of another jurisdiction as may be reasonably required for the purpose of the administration or enforcement of a law of that jurisdiction.

Maximum penalty: $10 000

        (2)         Subsection (1)(b) does not prevent the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

60B—False or misleading information

A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act.

Maximum penalty: $5 000.



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