Australian Capital Territory Consolidated Acts

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FAIR TRADING (CONSUMER AFFAIRS) ACT 1973 - SECT 15

Secrecy

    (1)     This section applies to every person who is, or has been, a person engaged in the administration of this Act, including a person who receives information or a document from the commissioner under section 7 (2).

    (2)     Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except in the exercise of a duty under, or in connection with, this Act—

        (a)     make a record of, or divulge or communicate to a person, information about the affairs of another person acquired by him or her by reason of his or her office or employment under, or for, this Act; or

        (b)     produce to a person a document produced under this Act.

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

    (3)     A person to whom this section applies shall not, for the purposes of criminal proceedings against a person, communicate or produce to a court information, a document, or a copy of a document, that was given or produced by the secondmentioned person in accordance with a requirement under section 13 unless—

        (a)     the proceedings are for an offence against section 13 (2); or

        (b)     the proceedings are in respect of the falsity of the information or of a statement in the document.

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

    (4)     Subsection (2) does not apply to the communication of information, or the production of a document, to a court for the purposes of civil proceedings.

    (5)     Subsection (2) does not apply in relation to the communication, to a person appointed, or a body established, under a law of a State or another Territory for a purpose relating to matters affecting the interests of consumers, of information relating to a complaint received from a consumer that is being or has been investigated by the commissioner if the consumer, prior to the communication being made, consents, in writing, to the communication of that information.



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