NATIONAL MEASUREMENT ACT 1960 - SECT 19H Protected information

NATIONAL MEASUREMENT ACT 1960 - SECT 19H

  (1)   This section applies to a person:

  (a)   who is or has been a trade measurement inspector; or

  (b)   who is or has been employed or engaged by the Department; or

  (c)   who is performing, or has performed, functions or duties under this Act.

  (2)   A person to whom this section applies commits an offence if:

  (a)   the person obtains protected information; and

  (b)   the person does any of the following:

  (i)   copies, or makes a record of, the protected information;

  (ii)   uses the protected information;

  (iii)   discloses the protected information to any person.

Penalty:   Imprisonment for 2 years.

  (3)   Subsection   (2) does not apply if:

  (a)   the person copies, records, uses or discloses the protected information for the purposes of performing functions or exercising powers under this Act; or

  (b)   the person obtains the protected information for any other lawful purpose; or

  (c)   the person obtains consent from the person to whom the protected information relates for the copying, recording, use or disclosure of the protected information; or

  (d)   the person believes, on reasonable grounds, that the copying, recording, use or disclosure of the protected information is necessary for the purpose of preserving the safety of another person or other persons.

Note 1:   A defendant bears an evidential burden in relation to a matter in subsection   (3), see subsection   13.3(3) of the Criminal Code .

Note 2:   The Privacy Act 1988 also imposes limitations on the use or disclosure of protected information if it is personal information for the purposes of that Act.

  (4)   Except where it is necessary to do so for the purposes of giving effect to this Act, the person must not be required to:

  (a)   produce to a court a document containing protected information; or

  (b)   disclose protected information to a court.

  (5)   In this section:

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

"personal information" has the same meaning as in the Privacy Act 1988 .

"protected information" means information acquired under or for the purposes of this Act that is:

  (a)   personal information; or

  (b)   information that relates to the personal affairs or business affairs of a person.