AUSTRALIAN SECURITIES COMMISSION ACT 1989 No. 90 of 1989 - SECT 127 Confidentiality

AUSTRALIAN SECURITIES COMMISSION ACT 1989 No. 90 of 1989 - SECT 127

127. (1) The Commission shall take all reasonable measures to protect from
unauthorised use or disclosure information given to it in confidence.

(2) For the purposes of subsection (1), the disclosure of information as
required or permitted by a law of the Commonwealth or a prescribed law of a
State or Territory shall be taken to be authorised use and disclosure of the
information.

(3) For the purposes of subsection (1), the disclosure of information by a
person for the purposes of:

   (a)  performing the person's functions as:

        (i)    a member, staff member or Commission delegate; or

        (ii)   a person who is acting as a member or staff member or who is
               authorised to perform or exercise a function or power of, or on
               behalf of, the Commission; or

   (b)  the performance of functions or services by the person by way of
        assisting a Commission delegate; shall be taken to be authorised use
        and disclosure of the information.

(4) Where the Chairperson is satisfied that particular information:

   (a)  will enable or assist an agency, being the Advisory Committee, the
        Panel, the Disciplinary Board, the Review Board or any other agency
        within the meaning of the Freedom of Information Act 1982, to perform
        or exercise any of the agency's functions or powers;

   (b)  will enable or assist the government, or an agency, of a State or
        Territory to perform a function or exercise a power; or

   (c)  will enable or assist a government, or an agency, of a foreign country
        to perform a function, or exercise a power, conferred by a law in
        force in that foreign country; the disclosure of the information to
        the agency or government by a person whom the Chairperson authorises
        for the purpose shall be taken to be authorised use and disclosure of
        the information.

(5) The Chairperson may delegate all or any of his or her functions and powers
under subsection (4) to a member or staff member.

(6) Nothing in any of subsections (2), (3) and (4) limits:

   (a)  anything else in any of those subsections; or

   (b)  what may otherwise constitute, for the purposes of subsection (1),
        authorised use or disclosure of information.