ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 90 Secrecy

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 90

90. (1) This section applies to a person:

   (a)  who is or has been a Commissioner or acting Commissioner;

   (b)  who is or has been the Chief Executive Officer or acting
        Chief Executive Officer;

   (c)  who is or has been a member of the staff of the Commission;

   (d)  who is or has been engaged under section 56.

(2) Subject to this section, a person to whom this section applies shall not,
either directly or indirectly, except for the purposes of this Act, or of a
prosecution for an offence against this Act:

   (a)  make a record of, or divulge or communicate to any person, any
        information concerning the affairs of another person acquired by the
        first-mentioned person in the performance of duties in connection with
        an application for, or the giving of, a loan or guarantee under this
        Act; or

   (b)  produce to any person a document relating to the affairs of another
        person furnished in connection with an application for, or the giving
        of, a loan or guarantee under this Act. Penalty: $2,000 or
        imprisonment for one year, or both.

(3) A person to whom this section applies shall not be required:

   (a)  to divulge or communicate to a court any information referred to in
        subsection (2); or

   (b)  to produce in a court any document referred to in that subsection;
        except when it is necessary to do so for the purposes of this Act, or
        of a prosecution for an offence against this Act.

(4) A reference in this section to an offence against this Act includes a
reference to an offence created by section 5, 6, 7, 7A, 29C or 29D, or
subsection 86 (1), of the Crimes Act 1914, being an offence that relates to
this Act or the regulations.

(5) In this section:

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

"produce" includes permit access to;

"this Act" includes the regulations.