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ASSOCIATIONS INCORPORATION ACT 1991 - SECT 100 Secrecy

ASSOCIATIONS INCORPORATION ACT 1991 - SECT 100

Secrecy

    (1)     A person who is, or has at any time been—

        (a)     appointed for this Act; or

        (b)     engaged as a member of staff of the registrar-general; or

        (c)     authorised to exercise any function of the registrar-general, or any function on behalf of the registrar-general;

must not, except to the extent necessary to perform his or her official duties, or to exercise such a function, either directly or indirectly, make a record of, or divulge or communicate to any person, any information acquired by him or her because of his or her being or having been so appointed, engaged or authorised, or make use of any such information, for any purpose other than the performance of his or her official duties or the exercise of that function.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     Nothing in subsection (1) is taken to preclude a person from—

        (a)     producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act; or

        (b)     divulging or communicating to a court in the course of any proceedings referred to in paragraph (a) any matter or thing coming under his or her notice in the performance of his or her official duties or in the exercise of a function referred to in that subsection; or

        (c)     producing a document or divulging or communicating information to a person to whom, in the opinion of the registrar-general, it is in the public interest that the document be produced or the information be divulged or communicated; or

        (d)     producing a document or divulging or communicating information that is required or permitted by any Act of the Commonwealth or of the Territory to be produced, divulged or communicated.