S 17 repealed by No 145 of 2010, s 3 and Sch 2 item 60, effective 17 December 2010. S 17 formerly read:
SECTION 17 SECRECY
17(1)
In this section,
officer
means a person:
(a)
who is or has been appointed or employed by the Commonwealth; or
(b)
to whom powers or functions have been delegated by the Commissioner;
and who, by reason of the appointment or employment or in the course of the employment, or by reason of, or in the course of the exercise of powers or the performance of functions under, the delegation, as the case may be, may acquire or has acquired information with respect to the affairs of any other person disclosed or obtained under or for the purposes of this Act.
17(2)
For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.
17(3)
Subject to subsection (5), a person who is or has been an officer shall not directly or indirectly:
(a)
make a record of any information with respect to the affairs of a second person; or
(b)
divulge or communicate to a second person any information with respect to the affairs of a third person;
being information disclosed or obtained under or for the purposes of this Act and acquired by the first-mentioned person by reason of that person's appointment or employment by the Commonwealth or in the course of such employment, or by reason of the delegation to that person of powers or functions by the Commissioner, or in the course of the exercise of such powers or performance of such functions, as the case may be.
Penalty: 100 penalty units or imprisonment for 2 years, or both.
History
S 17(3) amended by No 78 of 2006, s 3 and Sch 5 item 3, by substituting
"
100 penalty units
"
for
"
$10,000
"
in the penalty, applicable only in relation to returns, assessments, notices and certificates under the
Petroleum Resource Rent Tax Assessment Act 1987
in relation to financial years that start on or after 1 July 2006.
S 17(3) amended by No 146 of 2001, s 3 and Sch 4 item 103, by omitting ``, except for the purposes of this Act or otherwise than in the performance of the person's duties as an officer
'
'
after ``officer shall not
'
'
, applicable to acts and omissions that take place after December 15. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after December 15, the act or omission is alleged to have taken place before December 15.
17(3A)
Subsection (3) does not apply to the extent that the person makes the record of the information, or divulges or communicates the information, for the purposes of this Act or in the performance of the person's duties as an officer.
Note:
A defendant bears an evidential burden in relation to the matters in subsection (3A), see subsection 13.3(3) of the
Criminal Code
.
History
S 17(3A) inserted by No 146 of 2001, s 3 and Sch 4 item 104, applicable to acts and omissions that take place after December 15. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after December 15, the act or omission is alleged to have taken place before December 15.
17(4)
Except where it is necessary to do so for the purpose of carrying into effect the provisions of this Act, a person who is or has been an officer shall not be required:
(a)
to produce in court any document made or given under or for the purposes of this Act; or
(b)
to divulge or communicate to a court a matter or thing with respect to information disclosed or obtained under or for the purposes of this Act;
being a document or information acquired by the person by reason of the person's appointment or employment by the Commonwealth or in the course of such employment, or by reason of the delegation to the person of powers or functions by the Commissioner, or in the course of the exercise of such powers or the performance of such functions, as the case may be.
17(5)
Nothing in subsection (3) shall be taken to prohibit the Commissioner, a Deputy Commissioner or a person authorised by the Commissioner or a Deputy Commissioner from communicating any information to:
(a)
the Tribunal in connection with proceedings under an Act of which the Commissioner has the general administration; or
(b)
a person performing, as an officer, duties arising under an Act of which the Commissioner has the general administration, or regulations under such an Act, for the purpose of enabling the person to perform those duties.
Note:
A defendant bears an evidential burden in relation to the matters in subsection (5), see subsection 13.3(3) of the
Criminal Code
.
History
S 17(5) amended by No 146 of 2001, s 3 and Sch 4 item 105, by inserting the note at the end, applicable to acts and omissions that take place after December 15. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after December 15, the act or omission is alleged to have taken place before December 15.
17(6)
For the purposes of subsection (3), an officer shall be deemed to have communicated information to another person in contravention of that subsection if the officer communicates the information to any Minister.
17(7)
An officer shall, if and when required by the 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 conformity with the provisions of this section.
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