FAIR TRADING ACT 2010 - SECT 112

FAIR TRADING ACT 2010 - SECT 112

112 .         Personal information obtained officially, when may be divulged etc.

        (1)         In this section —

        personal information means information concerning the affairs of a person;

        regulated person has the meaning given in section 88A.

        (2)         A person must not, either directly or indirectly, make a record of, or divulge or communicate to any other person, any personal information obtained by him or her by reason of his or her office, position, employment or engagement under or for the purposes of this Act.

        Penalty: a fine of $20 000.

        (3)         Subsection (2) does not prohibit the recording, divulging or communicating of any personal information —

            (a)         with the consent of the person to whom the information relates, or each of them if there is more than one; or

            (b)         in a manner that could not reasonably be expected to lead to the identification of any person to whom the information relates; or

            (c)         for the purposes of performing a function under or in connection with —

                  (i)         this Act; or

                  (ii)         an Act listed in Schedule 2;

                or

            (da)         for the purposes of giving information to a body established under a written law if —

                  (i)         the information concerns the affairs of a regulated person or former regulated person; and

                  (ii)         the information is given in relation to the performance by that body of a function under or in connection with that written law;

                or

            (d)         for the purposes of legal proceedings arising out of the administration of this Act or another written law; or

            (e)         for the purpose of the investigation of any suspected offence or the conduct of proceedings against any person for any offence; or

            (f)         by the Commissioner for the purpose of making the public aware of —

                  (i)         investigations or inquiries being conducted into the conduct of a regulated person, former regulated person or purported regulated person, and the results of those inquiries; and

                  (ii)         disciplinary action being contemplated or undertaken in relation to a regulated person, former regulated person or purported regulated person, and the outcome of that action.

        (4)         Nothing in this section affects the operation of the Parliamentary Privileges Act 1891 .

        [Section 112 amended: No. 58 of 2010 s. 11; No. 23 of 2014 s. 13.]