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ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 193S Secrecy

ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 193S

Secrecy

Definitions

  (1)   In this section:

"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

"ILSC officer" means a person:

  (a)   who is or has been an Indigenous Land and Sea Corporation Director or an acting Indigenous Land and Sea Corporation Director; or

  (b)   who is or has been the Indigenous Land and Sea Corporation Chief Executive Officer or an acting Indigenous Land and Sea Corporation Chief Executive Officer; or

  (c)   who is or has been employed or engaged under section   192S or 192V; or

  (d)   who is performing, or who has performed, duties on behalf of the Indigenous Land and Sea Corporation under an arrangement under section   192T; or

  (e)   whose services are being, or have been, made available to the Indigenous Land and Sea Corporation under an arrangement under section   192U; or

  (f)   who is or has been a director or employee of a subsidiary of the Indigenous Land and Sea Corporation.

"produce" includes permit access to.

  (1A)   A person who was covered by the definition of ILC officer as in force immediately before this subsection commenced is covered by the definition of ILSC officer .

Note:   This is intended to make it clear that any person who held an office, or undertook any other role, covered by the definition at a time when the corporation had its original name of the Indigenous Land Corporation, is still an ILSC officer . See also subsection   25B(1) of the Acts Interpretation Act 1901 .

Information and documents to which this section applies

  (2)   This section applies to information acquired, or a document obtained, by an ILSC officer:

  (a)   in connection with the performance of a function, or the exercise of a power, of the Indigenous Land and Sea Corporation; or

  (b)   in connection with the performance by a subsidiary of the Indigenous Land and Sea Corporation of a function that corresponds to a function of the Indigenous Land and Sea Corporation; or

  (c)   in connection with the exercise of a power by a subsidiary of the Indigenous Land and Sea Corporation, where the power relates to such a corresponding function.

ILSC officer not to disclose certain information

  (3)   Subject to this section, an ILSC officer must not, either directly or indirectly:

  (a)   disclose to any person any information concerning the affairs of another person acquired by the ILSC officer, where:

  (i)   the information was acquired by the ILSC officer in the performance of duties in connection with an application for, or the giving of, a loan, grant or guarantee; or

  (ii)   disclosure of the information could reasonably be expected to prejudice substantially the commercial interests of the other person; or

  (b)   disclose to any person information acquired by the ILSC officer, where, to the knowledge of the ILSC officer:

  (i)   the information is considered sacred or otherwise significant by a particular group of Aboriginal persons or Torres Strait Islanders; and

  (ii)   the disclosure would be inconsistent with the views or sensitivities of those Aboriginal persons or Torres Strait Islanders; or

  (c)   produce to any person a document relating to the affairs of another person, where:

  (i)   the document was obtained by the ILSC officer in the performance of duties in connection with an application for, or the giving of, a loan, grant or guarantee; or

  (ii)   the production of the document could reasonably be expected to prejudice substantially the commercial interests of the other person; or

  (d)   produce to any person a document obtained by the ILSC officer, where, to the knowledge of the ILSC officer:

  (i)   the document contains information that is considered sacred or otherwise significant by a particular group of Aboriginal persons or Torres Strait Islanders; and

  (ii)   the production of the document would be inconsistent with the views or sensitivities of those Aboriginal persons or Torres Strait Islanders.

Offence

  (4)   A person who contravenes subsection   ( 3) commits an offence punishable on conviction by imprisonment for a term not exceeding 12 months.

ILSC officer not required to disclose certain information to a court

  (5)   Subject to this section, an ILSC officer must not be required to:

  (a)   disclose to a court any information concerning the affairs of another person acquired by the ILSC officer, where:

  (i)   the information was acquired by the ILSC officer in the performance of duties in connection with an application for, or the giving of, a loan, grant or guarantee; or

  (ii)   disclosure of the information could reasonably be expected to prejudice substantially the commercial interests of the other person; or

  (b)   disclose to a court information acquired by the ILSC officer, where:

  (i)   the information is considered sacred or otherwise significant by a particular group of Aboriginal persons or Torres Strait Islanders; and

  (ii)   the disclosure would be inconsistent with the views or sensitivities of those Aboriginal persons or Torres Strait Islanders; or

  (c)   produce to a court a document relating to the affairs of another person, where:

  (i)   the document was obtained by the ILSC officer in the performance of duties in connection with an application for, or the giving of, a loan, grant or guarantee; or

  (ii)   the production of the document could reasonably be expected to prejudice substantially the commercial interests of the other person; or

  (d)   produce to a court a document obtained by the ILSC officer, where:

  (i)   the document contains information that is considered sacred or otherwise significant by a particular group of Aboriginal persons or Torres Strait Islanders; and

  (ii)   the production of the document would be inconsistent with the views or sensitivities of those Aboriginal persons or Torres Strait Islanders.

Exception--disclosure for the purposes of performance of functions etc.

  (6)   Subsections   ( 3) and (5) do not apply to the disclosure of information, or the production of a document, if the disclosure or production, as the case requires, is for the purposes of:

  (a)   the performance of a function, or the exercise of a power, of the Indigenous Land and Sea Corporation; or

  (b)   the performance by a subsidiary of the Indigenous Land and Sea Corporation of a function that corresponds to a function of the Indigenous Land and Sea Corporation; or

  (c)   the exercise of a power by a subsidiary of the Indigenous Land and Sea Corporation, where the power relates to such a corresponding function.

Exception--prosecutions

  (7)   Paragraphs   ( 3)(a), (3)(c), (5)(a) and (5)(c) do not apply to the disclosure of information, or the production of a document, if the disclosure or production, as the case requires, is for the purposes of a criminal proceeding.