Victorian Consolidated Legislation

Co-operative Housing Societies Act 1958 - SECT 72B

Secrecy

72B. Secrecy



(1) A person to whom this section applies must not, except to the extent
necessary to carry out that person's duties, give to any other person any
information of which that person has knowledge through the carrying out of
those duties or make use of that information except in the course of carrying
out those duties.

Penalty: $2000 or imprisonment for one year or both.

(2) Nothing in subsection (1) precludes a person to whom this section applies
from-

   (a)  producing a document to a court in the course of criminal proceedings
        or in the course of any proceedings under this Act; or

   (b)  divulging or communicating to a court in the course of any proceedings
        referred to in paragraph (a) any matter or thing coming under the
        notice of the person in the performance of official duties or in the
        performance of a function or the exercise of a power referred to in
        subsection (1); or

   (c)  producing a document or divulging or communicating information to-

   (i)  the Minister or a nominee of the Minister; or

   (ii) the Registrar; or

   (iii) a person appointed or employed by the Registrar for the purpose of
        carrying out the duties of the Registrar under this Act; or

   (iv) the Director of Consumer Affairs Victoria; or

   (v)  the Commissioner of Corporate Affairs; or

   (vi) the Commissioner, Second Commissioner or a Deputy Commissioner under
        any law of the Commonwealth relating to taxation or to any person
        authorised by the Commissioner or Second Commissioner or a Deputy
        Commissioner; or

   (vii) the Commissioner of State Revenue; or

   (viii) the Commissioner or any other officer of any State or Territory of
        the Commonwealth administering any law of that State or Territory
        relating to taxation or to any person authorised by the Commissioner
        or any other officer; or

   (ix) the Treasurer or a nominee of the Treasurer; or

   (x)  any special commission (within the meaning of the
        Evidence (Commissions) Act 1982) where-

                (A)  the Registrar has received a request in writing for
                     information from a special commission; and

                (B)  the Minister has given written approval to the Registrar
                     of the communication of that information; and

                (C)  the Registrar has given to that person written approval
                     of the communication of that information; or

   (xi) a member of the police force engaged in his or her official duties; or

   (xii) the Australian Securities and Investments Commission; or

   (xiii) the Australian Prudential Regulation Authority; or

   (d)  producing a document or divulging or communicating information that is
        required or permitted by any Act to be produced, divulged or
        communicated, as the case may be, if, where the document or
        information relates to the personal affairs of another person, that
        other person has given consent in writing; or

   (e)  producing to the committee established under section 72 such
        statistical or general information as the person considers
        appropriate.

(3) This section applies to-

   (a)  the Registrar;

   (b)  a member of the staff of the Registrar;

   (c)  APRA;

   (d)  a person appointed or employed by the Registrar for the purpose of
        carrying out the duties of the Registrar under this Act;



   (e)  the committee established under section 72;

   (f)  a member of the committee established under section 72.

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