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GAMING CONTROL ACT 1993 - SECT 157 Secrecy

GAMING CONTROL ACT 1993 - SECT 157

Secrecy

(1)  Subject to subsection (3) , a person must not directly or indirectly, except in the performance of duties or exercise of powers under this Act, make a record of, or divulge to any person, any information with respect to the affairs of another person acquired by the first-mentioned person in the performance of those duties or exercise of those powers.
Penalty:  Fine not exceeding 50 penalty units.
(2)  Subject to subsection (5) , a person is not, except for the purposes of this Act, required –
(a) to produce in a court a document that has come into his or her possession or under his or her control; or
(b) to divulge to a court any information that has come to his or her notice –
in the performance of duties or exercise of powers under this Act.
(3)  A person may –
(a) divulge specified information to such persons as the Minister directs if the Minister certifies that it is necessary in the public interest that the information should be so divulged; or
(b) divulge information to a law enforcement agency or gaming regulation agency; or
(c) divulge information to a person who is expressly or impliedly authorized by the person to whom the information relates to obtain it.
(4)  An authority or person to whom information is divulged under subsection (3) , and a person or employee under the control of that authority or person, is subject, in respect of that information, to the same rights, privileges, obligations and liabilities under this section as if that authority, person or employee were a person performing duties under this Act and had acquired the information in the performance of those duties.
(5)  If –
(a) the Minister certifies that it is necessary in the public interest that specified information should be divulged to a court; or
(b) a person to whom information relates has expressly authorized it to be divulged to a court –
a person may be required –
(c) to produce in the court any document containing the information; or
(d) to divulge the information to the court.
(6)  This provision has effect notwithstanding anything contained in the Right to Information Act 2009 .
(7)  In this section –
court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;
gaming regulation agency means any authority or person responsible for the regulation and control of the conduct of gaming, whether in this State or elsewhere;
produce includes permit access to.