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CUSTOMS ADMINISTRATION ACT 1985 No. 38 of 1985 - SECT 16 Breaches of confidence

CUSTOMS ADMINISTRATION ACT 1985 No. 38 of 1985 - SECT 16

Breaches of confidence
16. (1) In this section -

   (a)  a reference to a person to whom this section applies shall be
        construed
as a reference to a person who is, or has at any time been -

        (i)    the Comptroller-General;

        (ii)   a person employed in the Australian Customs Service;

        (iii)  a person to whom the Comptroller-General has, pursuant to
this Act, delegated a power or function under a law of customs
or excise or any other law of the Commonwealth; or

        (iv)   a person authorized by the Comptroller-General to exercise a
power or function under a law of customs or excise or any other
law of the Commonwealth;

   (b)  a reference to the duties of a person to whom this section applies
        shall
be construed as a reference to the duties of the person in the capacity
by virtue of which he or she is a person to whom this section applies;

   (c)  a reference to a State includes a reference to the Northern Territory
and a reference to a Territory does not include a reference to the
Northern Territory; and
(d) the expressions "agency" and "principal officer" have the same
meanings as in the Freedom of Information Act 1982.

(2) Subject to sub-section (3), a person to whom this section applies shall
not, except when required or permitted by law or for the purposes of the
performance of the person's duties, disclose any information or produce a
document to another person if the disclosure of the information or the
production of the document would constitute a breach of confidence. Penalty:
$5,000 or imprisonment for 2 years, or both.

(3) Nothing in sub-section (2) shall be taken to prohibit the disclosure of
information or the production of a document to -

   (a)  the principal officer of an agency if the Comptroller-General is
satisfied that -

        (i)    the information or document will be used by the agency for the
purpose of -

                (A)  investigating whether an offence has been committed
against the law of the Commonwealth or the law of a
Territory; or

                (B)  determining whether a person has a right under a law of
the Commonwealth or a law of a Territory; or

        (ii)   the information or document will be used by the agency for the
purpose of the performance of its functions and will not be
disclosed or produced by the agency to another person except
when required or permitted by law;

   (b)  a person receiving the information or document on behalf of the
government, or on behalf of an authority, of a State if the
Comptroller-General is satisfied that the information or document will
be used by that person for the purpose of investigating whether an
offence has been committed against the law of that State; or

   (c)  a person receiving the information or document on behalf of the
government, or on behalf of an authority, of a foreign country if the
Comptroller-General is satisfied that the information or document will
be used by that person for the purpose of -

        (i)    investigating whether an offence has been committed against
the law of that foreign country; or

        (ii)   investigating whether circumstances exist by reason of which
the Minister or the Comptroller-General may exercise a power
under a law of the Commonwealth.