Commonwealth Numbered Acts

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Home Deposit Assistance Act 1982 No. 40 of 1982 - SECT 50

Officers to observe secrecy

50. (1) A person who is or has been an officer shall not, directly or
indirectly, except for the purposes of this Act, make a record of, or divulge
or communicate to any person, any information with respect to the affairs of
another person acquired by him in the exercise of his powers, or the
performance of his duties or functions, under this Act.

Penalty: $2,000 or imprisonment for 12 months, or both.

(2) Notwithstanding anything contained in sub-section (1), an officer may-

   (a)  if the Minister or the Secretary certifies that it is necessary in the
        public interest that any information acquired by the officer in the
        exercise of his powers, or the performance of his duties or functions,
        under this Act should be divulged, divulge that information to such
        person as the Minister or the Secretary directs;

   (b)  divulge any such information to any authority or person prescribed by
        the regulations; or

   (c)  divulge any such information to a person who, in the opinion of the
        Secretary, is expressly or impliedly authorized by the person to whom
        the information relates to obtain it.

(3) An authority to which, or person to whom, information is divulged under
sub-section (2), and any person under the control of that authority or person,
is, in respect of that information, subject to obligations and liabilities
under sub-section (1) as if the authority or person were a person exercising
powers, or performing duties or functions, under this Act and had acquired the
information in the exercise of those powers or the performance of those duties
or functions. 


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