Superannuation Guarantee (Administration) Act 1992
(Repealed by No 145 of 2010)
View history note
Hide history noteS 45 repealed by No 145 of 2010, s 3 and Sch 2 item 82, effective 17 December 2010. S 45 formerly read:
court
person to whom this section applies
Definition of
"
person to whom this section applies
"
amended by No 146 of 1999.
SECTION 45 SECRECY
45(1)
In this section:
includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
means a person who is or has been:
(a)
the Commissioner, a Second Commissioner or a Deputy Commissioner; or
(b)
a person engaged under the
Public Service Act 1999
in an Agency (within the meaning of that Act) of which the Commissioner is the Agency Head (within the meaning of that Act); or
(c)
otherwise appointed or employed by, or a provider of services for, the Commonwealth.
produce
includes permit access to.
protected document
means a document that:
(a) contains information that concerns a person; and
(b) is obtained or made by a person to whom this section applies in the course of, or because of, the person ' s duties under or in relation to this Act.
protected information
means information that:
(a) concerns a person; and
(b) is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person ' s duties under or in relation to this Act.
45(2)
Subject to subsection (3), a person to whom this section applies must not:
(a) make a record of any protected information; or
(b) whether directly or indirectly, divulge or communicate to a person any protected information concerning another person.
Penalty: Imprisonment for 2 years.
S 45(2) substituted by No 146 of 2001, s 3 and Sch 4 item 124, applicable to acts and omissions that take place after 15 December 2001. If an act or omission is alleged to have taken place between two dates, one before and one on or after 15 December 2001, the act or omission is alleged to have taken place before 15 December 2001. S 45(2) formerly read:
45(2)
Subject to subsection (3), a person to whom this section applies must not:
(a) make a record of any protected information; or
(b) whether directly or indirectly, divulge or communicate to a person any protected information concerning another person;unless the record is made, or the information divulged or communicated:
(c) under or for the purposes of this Act; or
(d) in the performance of duties, as a person to whom this section applies, under or in relation to this Act.Penalty: Imprisonment for 2 years.
45(2A)
Subsection (2) does not apply to the extent that the record is made, or the information divulged or communicated:
(a) under or for the purposes of this Act; or
(b) in the performance of duties, as a person to whom this section applies, under or in relation to this Act.
Note:
A defendant bears an evidential burden in relation to the matters in subsection (2A), see subsection 13.3(3) of the Criminal Code .
S 45(2A) inserted by No 146 of 2001, s 3 and Sch 4 item 124, applicable to acts and omissions that take place after 15 December 2001. If an act or omission is alleged to have taken place between two dates, one before and one on or after 15 December 2001, the act or omission is alleged to have taken place before 15 December 2001.
45(3)
Subsection (2) does not prevent the Commissioner, a Second Commissioner or a Deputy Commissioner or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner from divulging or communicating any protected information to a person performing, as a person to whom this section applies, duties under or in relation to an Act of which the Commissioner has the general administration, or under regulations made under such an Act, for the purpose of enabling the person to perform the duties.
45(4)
A person divulges or communicates protected information to a person in contravention of subsection (2) if the person divulges or communicates the information to any Minister.
45(5)
A person to whom this section applies is not required:
(a) to divulge or communicate protected information to a court; or
(b) to produce a protected document in court;
except where it is necessary to do so for the purpose of carrying into effect the provisions of this Act.
45(6)
Nothing in this or any other Act of which the Commissioner has the general administration is taken to prohibit the Commissioner, a Second Commissioner, a Deputy Commissioner, or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner, from divulging or communicating any information to a person performing, as a person to whom this section applies, duties under or in relation to this Act for the purpose of enabling the person to perform the duties.
45(7)
Nothing in an Act of which the Commissioner has the general administration is taken to prohibit the Commissioner, a Second Commissioner, a Deputy Commissioner, or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner, from:
(a) divulging or communicating to a court any information obtained under or for the purposes of such an Act; or
(b) producing in court a document obtained or made under or for the purposes of such an Act;
where it is necessary to do so for the purpose of carrying into effect the provisions of this Act.
45(8)
A person to whom this section applies must, if and when required by the Commissioner, a Second Commissioner or a Deputy Commissioner to do so make an oath or declaration, in a manner and form specified by the Commissioner in writing, to maintain secrecy in accordance with this section.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.