Commonwealth Numbered Acts

PRICES SURVEILLANCE ACT 1983 No. 145, 1983 - SECT 43

43. (1) A prescribed person shall not, either directly or indirectly, except
in or in connection with the performance of a duty or function under or in
connection with this Act-

   (a)  make a record of, or divulge or communicate to any person, information
        acquired by reason of his office or appointment under this Act or in
        or in connection with the performance of his duties or functions, or
        the exercise of his powers, under or in connection with this Act,
        being information in relation to which sub-section (3) applies in
        relation to the prescribed person; or

   (b)  produce to any person a document-

        (i)    supplied to, lodged with or otherwise acquired by, the
               Authority for the purposes of this Act; or

        (ii)   transferred to the Authority as required by section 50,

other than a document made available to the public by the Authority pursuant
to a provision of this Act.

Penalty: $1,000.

(2) Except where it is necessary to do so for the purposes of this Act-

   (a)  a prescribed person shall not be required to divulge or communicate to
        a court any information in relation to which sub-section (3) applies
        in relation to the prescribed person; and

   (b)  a person shall not be required to produce in a court a document in
        relation to which paragraph (1) (b) applies.

(3) This sub-section applies in relation to information in relation to a
prescribed person if, and only if-

   (a)  the information was disclosed to the prescribed person by a person, or
        was obtained by the prescribed person from a person, for the purposes
        of this Act or as permitted by section 51; or

   (b)  the information was divulged or communicated to the prescribed person
        by another prescribed person and this sub-section applies in relation
        to the information in relation to the other prescribed person,
and the information has not been made available to the public by the Authority
pursuant to a provision of this Act and is not information contained in oral
evidence given in public at the hearing of an inquiry.

(4) In this section-

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

          ''prescribed person'' means a person who is or has been-


   (a)  a member or an associate member;

   (b)  a member of the staff of the Authority; or

   (c)  an officer or employee as defined in sub-section 7 (1) of the Public
        Service Act 1922;

''produce'' includes permit access to.