Commonwealth Numbered Acts

HOMES SAVINGS GRANTS ACT 1976 No. 183 of 1976 - SECT 41

41. (1) A person shall, if the Minister or the Secretary so directs, before
entering upon his duties, or exercising any powers or performing any
functions, under this Act, make before a Justice of the Peace or a
Commissioner for Declarations a declaration in accordance with the prescribed
form.

(2) A person shall not, directly or indirectly, except in the exercise of his
powers, or the performance of his duties or functions, under this Act, and
while he is, or after he ceases to be, an officer, 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.

(3) A person who is, or has been, an officer shall not, except for the
purposes of this Act, be required-

   (a)  to produce to a court any document that has come into his possession
        or under his control in the exercise of his powers, or the performance
        of his duties or functions, under this Act; or

   (b)  to divulge or communicate to a court any matter or thing that has come
        under his notice in the performance of any such duties or functions.

(4) Notwithstanding anything contained in the preceding provisions of this
section, 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.

(5) An authority or person to whom information is divulged under sub-section
(4), and any person or employee under the control of that authority or person,
is, in respect of that information, entitled to rights and privileges, and
subject to obligations and liabilities, under sub- sections (2) and (3) as if
he were a person performing duties under this Act and had acquired the
information in the performance of those duties.

(6) In this section-

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

''produce'' includes permit access to, and ''production'' has a corresponding
meaning.

Penalty: $500.