Product Grants and Benefits Administration Act 2000
View history note
Hide history notePt 10 heading repealed by No 68 of 2011, s 3 and Sch 1 item 35, effective 1 December 2011. The heading formerly read:
PART 10 - PROTECTION OF CONFIDENTIALITY OF INFORMATION
(Repealed by No 145 of 2010)
S 47 repealed by No 145 of 2010, s 3 and Sch 2 item 65, effective 17 December 2010. S 47 formerly read:
if the recording or disclosure is not in accordance with subsection (3). Maximum penalty: Imprisonment for 2 years. Note: Chapter
2
of the
Criminal Code
sets out the general principles of criminal responsibility.
SECTION 47 PROTECTION OF CONFIDENTIALITY OF INFORMATION
47(1)
This section restricts what a person (the
entrusted person
) may do with protected information, or protected documents, that the person has obtained in the course of official employment.
47(2)
The entrusted person:
(a)
must not make a record or protected information; and
(b)
must not disclose it to anyone else;
47(3)
It is not an offence against subsection (2) if any of the following apply to the recording or disclosure:
(a) the recording or disclosure is for the purposes of this Act or an entitlement Act;
(b) the recording or disclosure happens in the course of the performance of the duties of the entrusted person's official employment;
(c) the entrusted person is the Commissioner or a Deputy Commissioner and the disclosure is to:
(i) the Australian Statistician and is of information to be used for the purposes of the Census and Statistics Act 1905 ; or
(ia) (Repealed by No 73 of 2006)
(ib) the Secretary of the Environment Department and is of information that is related to product stewardship (oil) benefits; or
(ic) the Secretary of the Department responsible for administering the Fuel Quality Standards Act 2000 , and is of information that is related to cleaner fuel grants; or
(ii) another person for the purpose of that other person carrying out functions under a taxation law; or
(iii) the Administrative Appeals Tribunal in connection with proceedings under a taxation law; or
(iv) the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991 ) and is of information to be used for the purpose of the administration of that law; or
(v) the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 and is of information to be used for the purpose of the administration of the social security law (within the meaning of the Social Security Act 1991 );
(d) the disclosure is by a person authorised by the Commissioner or a Deputy Commissioner to disclose the information and the disclosure is to:
(i) the Australian Statistician and is of information to be used for the purposes of the Census and Statistics Act 1905 ; or
(ia) (Repealed by No 73 of 2006)
(ib) the Secretary of the Environment Department and is of information that is related to product stewardship (oil) benefits; or
(ic) the Secretary of the Department responsible for administering the Fuel Quality Standards Act 2000 , and is of information that is related to cleaner fuel grants; or
(ii) another person for the purpose of that other person carrying out functions under a taxation law; or
(iii) the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991 ) and is of information to be used for the purpose of the administration of that law; or
(iv) the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 and is of information to be used for the purpose of the administration of the social security law (within the meaning of the Social Security Act 1991 ).
Note: A defendant bears an evidential burden in relation to a matter in subsection (3) - see subsection 13.3(3) of the Criminal Code .
CCH Note: No 111 of 2009, s 3 and Sch 1 item 25, omits " or VB " from s 47(3)(c)(ia) and (d)(ia), effective 17 November 2009. These paras were, however, both repealed by No 73 of 2006, effective 1 July 2009.
S 47(3) amended by No 73 of 2006, s 3 and Sch 1 item 7, by repealing paras (c)(ia) and (d)(ia), effective 1 July 2009. Para (c)(ia) and (d)(ia) formerly read:
(c)(ia) an officer of the ACCC and is of information that is related to fuel sales grants and is to be used for the purposes of Part V or VB of the Trade Practices Act 1974 ; or
(d)(ia) an officer of the ACCC and is of information that is related to fuel sales grants and is to be used for the purposes of Part V or VB of the Trade Practices Act 1974 ; or
S 47(3) amended by No 42 of 2004, s 3 and Sch 1 items 13 and 14, by inserting paras (c)(ic) and (d)(ic), effective 21 April 2004.
S 47(3) amended by No 122 of 2003, s 3 and Sch 2 items 19 and 20, by inserting paras (c)(iv) and (v) and (d)(iii) and (iv), applicable to information obtained before, on or after 5 December 2003 by the Commissioner, a Deputy Commissioner or a person authorised by the Commissioner or a Deputy Commissioner.
S 47(3) amended by No 105 of 2000, s 3 and Sch 1 items 9 and 10, by inserting paras (c)(ib) and (d)(ib), effective 6 July 2000.
47(4)
Subsection (3) does not authorise the disclosure of information to a Minister.
47(5)
In this section:
ACCC
means the Australian Competition and Consumer Commission.
disclose
means divulge or communicate.
Environment Department
means the Department responsible for the administration of the
Environment Protection and Biodiversity Conservation Act 1999
.
Definition of ``Environment Department'' inserted by No 105 of 2000, s 3 and Sch 1 item 11, effective 6 July 2000.
official employment
means:
(a) appointment or employment by the Commonwealth, or the performance of services for the Commonwealth; or
(b) the exercise of powers or performance of functions under a delegation by the Commissioner.
protected document
means any document made or given under, or for the purposes of, this Act or an entitlement Act.
protected information
means information that meets all the following conditions:
(a) it relates to the personal information of a person other than the entrusted person;
(b) it was obtained by the entrusted person, or by any other person, in the course of official employment;
(c) it was disclosed or obtained for the purposes of this Act or an entitlement Act.
taxation law
has the same meaning as in section
995-1
of the
Income Tax Assessment Act 1997
.
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