Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies to the Minister, a ministerial officer assisting the Minister, an
officer of the Department and a person who was such a person.
(2) Despite anything
else in this Act or a relevant Act, a person to whom this section applies must
not disclose information obtained, whether directly or indirectly, under
section 14 unless —
(a) it
is disclosed in the course of duty to a person who is an officer of the
Department; or
(b) the
Minister considers the disclosure to be in the public interest; or
(c) it
is disclosed under a written law.
Penalty: $12 000 and imprisonment for one
year.
(3) If the Minister
proposes to disclose information under subsection (2)(b), the Minister
must notify the person who gave the information under section 14, unless
the Minister considers that it would be contrary to the public interest to
delay the disclosure.
(4) The Minister must
take into account any comments or objections received, within 7 days of
giving the notification, from the person notified.
(5) This section does
not apply to the extent to which —
(a) the
information is already in the public domain; or
(b) the
information is summary or statistical information that could not reasonably be
expected to enable particulars relating to a person or a particular commercial
operation to be ascertained; or
(c) the
disclosure of the information is authorised by the person who gave the
information under section 14.
(6) In this
section —
ministerial officer has the meaning given to that
term in the Public Sector Management Act 1994 .
[Section 15 inserted by No. 38 of 2007
s. 107.]
[Heading inserted by No. 38 of 2007
s. 107.]