BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018 - SECT 111 Disclosure and misuse of information

BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018 - SECT 111

111 Disclosure and misuse of information

(1) A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made--

(a) with the consent of the person from whom the information was obtained, or

(b) in connection with the administration or execution of this Act, or

(c) for the purposes of any disciplinary or legal proceedings arising out of this Act or of any report of those proceedings, or

(d) in accordance with a requirement imposed under the Ombudsman Act 1974 , or

(e) with other lawful excuse.

(2) A person acting in the administration or execution of this Act must not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known but if generally known might reasonably be expected to affect materially the market value or price of any land, for the purpose of gaining either directly or indirectly an advantage for the person, or a person with whom the person is associated.

(3) A person acting in the administration or execution of this Act, and being in a position to do so, must not, for the purpose of gaining either directly or indirectly an advantage for the person, or another person with whom the person is associated, influence--

(a) the determination of a development application, or

(b) the carrying out of any certification work, or

(c) the giving of a development control order under Division 9.3 of the Environmental Planning and Assessment Act 1979 .

(4) In this section, a person is associated with another person if the person is the spouse, de facto partner, sibling, parent or child of the other person.

: Maximum penalty--50 penalty units.