RACING INTEGRITY ACT 2016 - SECT 212
Offence to disclose confidential information or copy background document
RACING INTEGRITY ACT 2016 - SECT 212
Offence to disclose confidential information or copy background document
212 Offence to disclose confidential information or copy background document
(1) This section applies to a person who—
(a) is or has been engaged in the
administration of this Act; or
(b) has obtained access to confidential
information or a background document about someone else, whether directly or
indirectly, from a person mentioned in paragraph (a) .
(2) The person must
not, without reasonable excuse—
(a) disclose confidential information to
anyone else; or
(b) copy a background document about someone else acquired by
the person; or
(c) give access to a background document about someone else.
Penalty—
Maximum penalty—100 penalty units.
(3) It is a reasonable
excuse if—
(a) the person has the written consent of the person to whom the
information or background document relates or someone else authorised by the
person, unless the information or background information is criminal
intelligence; or
(b) the disclosure is authorised under this Act or another
Act; or
(c) the disclosure is in compliance with lawful process requiring
production of documents or giving evidence before a court; or
(d) the
disclosure was of a statistical nature that could not reasonably be expected
to result in the identification of the person to whom the information relates.
(4) Subsection (3) (a) and (d) do not apply if the confidential information
relates to whether the person was identified by the police commissioner under
a repealed section as a participant in a criminal organisation or as an
unsuitable corporation.
(5) In this section—
"copy" includes make a record.
"court" includes any tribunal, authority or person having power to require the
production of documents or the answering of questions.