Queensland Consolidated Acts

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FINANCIAL INTERMEDIARIES ACT 1996 - SECT 239

239 Secrecy

(1) In this section—

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

person to whom this section applies means a person who is, or was at any time, involved in the administration of this Act.

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 duty under 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 this Act.

(2) A person to whom this section applies must not—

(a) make a record of protected information; or
(b) whether directly or indirectly, divulge or communicate to a person protected information about another person.

Maximum penalty—160 penalty units.

(3) However, subsection (2) does not apply if the record is made, or the information divulged or communicated—

(a) under this Act; or
(b) in the performance of duties, as a person to whom this section applies, under this Act.

(4) Unless it is necessary to do so for carrying this Act into effect, 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.

(5) This section applies subject to section 133.



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