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PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 68 Offences relating to dealings with Privacy Commissioner

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 68

Offences relating to dealings with Privacy Commissioner

68 Offences relating to dealings with Privacy Commissioner

(1) A person must not--
(a) without lawful excuse, wilfully obstruct, hinder or resist the Privacy Commissioner or a member of the staff of the Privacy Commissioner in the exercise of functions under this or any other Act, or
(b) without lawful excuse, refuse or wilfully fail to comply with any lawful requirement of the Privacy Commissioner or a member of the staff of the Privacy Commissioner under this or any other Act, or
(c) wilfully make any false statement to or mislead, or attempt to mislead, the Privacy Commissioner or a member of the staff of the Privacy Commissioner in the exercise of functions under this or any other Act.
: Maximum penalty--10 penalty units.
(2) A person must not directly or indirectly--
(a) if the person is not the Privacy Commissioner--represent that he or she is the Privacy Commissioner, or
(b) if the person has not been appointed under this Act as acting Privacy Commissioner--represent that he or she has been so appointed, or
(c) if the person is not a person to whom a delegation has been made under this Act or the Health Records and Information Privacy Act 2002 --represent that he or she is such a person, or
(d) if the person is not a member of the staff of the Privacy Commissioner--represent that he or she is a member of that staff.
: Maximum penalty--10 penalty units.
(3) For the purposes of subsection (2), a person represents that a state of affairs exists if the person does or says anything, or causes, permits or suffers anything to be done or said, whereby it is represented, or whereby a belief may be induced, that the state of affairs exists.