New South Wales Consolidated Acts

FREIGHT RAIL CORPORATION (SALE) ACT 2001 - SECT 10

10 Auditor-General authorised to communicate information regarding FreightCorp

(1) The Treasurer may, in connection with the sale of FreightCorp, approve of the communication by the Auditor-General to an authorised person on such terms and conditions as the Treasurer thinks fit of any matter or thing that has come to the knowledge of the Auditor-General in respect of FreightCorp.

(2) Any communication by the Auditor-General in accordance with the Treasurer’s approval is authorised by this section, and is not prevented by section 38 (Secrecy) or any other provision of the Public Finance and Audit Act 1983 .

(3) An authorised person who acquires information as a result of the operation of this section must not make a record of the information or divulge the information to any other person, except:

(a) for or in connection with the proper exercise of the authorised person’s functions as an authorised person, or

(b) in accordance with the approval of the Treasurer.

Maximum penalty: 100 penalty units.

(4) In this section:
"authorised person" means:

(a) any person exercising functions under this Act, and

(b) any person engaged to exercise functions in connection with the sale of FreightCorp, and

(c) the holder of any office that is nominated for the purposes of this section by the Treasurer by notification in writing to the Auditor-General, and

(d) a potential purchaser, and any person acting for or on behalf of a potential purchaser in connection with the sale of FreightCorp.

"potential purchaser" means a person indicated by the Treasurer by notification in writing to the Auditor-General as a person who is or may become FreightCorp’s purchaser.