MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 306 Disclosure of information

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 306

    (1)     Subject to this section, the Safety Director or a relevant person must not—

        (a)     disclose information gained by the Safety Director or in the course of the delegation, employment or engagement of the relevant person that is information of a personal nature or that has commercial sensitivity for the person about whom it is kept; or

        (b)     use the person's knowledge of any such information.

Penalty:     120 penalty units.

    (2)     Subsection (1) does not prevent the disclosure or use of information, in accordance with the regulations (if any)—

        (a)     for the purposes of monitoring compliance with a relevant marine safety law and enforcing the requirements of this Act or the regulations; or

        (b)     for the purposes of any legal proceedings arising out of this Act or the regulations or for the purposes of any report of such proceedings; or

        (c)     made at the direction of the Minister; or

        (d)     made in circumstances in which the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious or imminent threat to the life or health of one or more people; or

        (e)     if the disclosure or use is required or authorised by law.

    (3)     In this section, "relevant person" means a person who is or has been a delegate of or employed by or engaged to provide services for—

        (a)     the Safety Director; or

        (b)     any other person or body engaged to provide services for the Safety Director.