Tasmanian Numbered Acts

COOPERATIVES ACT 1999 (NO. 85 OF 1999) - SECT 449

449. Secrecy

      (1) A person –

(a) who is, or at any time was, engaged in the administration of this Act or the former Act; and

(b) who, except as provided by this section, records, makes use of or divulges any information obtained in the course of that administration –

      (2) Subsection (1) does not apply to –

(a) the recording, making use of or divulging of information in the course of the administration of this Act; or

(b) the recording or making use of information for the purpose of divulging it as permitted by subsection (3) or (4); or

(c) the divulging of information as permitted by subsection (3) or (4).

      (3) Information may be divulged –

(a) for the purposes of criminal proceedings; or

(b) for the purposes of any proceedings under this Act or of an inquiry authorised by an Act; or

(c) with the consent of the person to whom the information relates; or

(d) in accordance with a requirement imposed under the Ombudsman Act 1978 ; or

(e) in accordance with a reciprocal arrangement under section 458.

      (4) Information may be divulged to –

(a) the Minister; or

(b) the Treasurer; or

(c) the Commissioner of Taxes; or

(d) the Auditor-General; or

(e) the Commissioner of Taxation, a Second Commissioner of Taxation or a Deputy Commissioner of Taxation holding office under a law of the Commonwealth; or

(f) the Australian Securities and Investments Commission; or

(g) the person who, under a law of another State or of a Territory, administers a law of the State or Territory that relates to taxation or the imposition of a duty; or

(h) a commission of inquiry under the Commissions of Inquiry Act 1995 if –

(i) the Commissioner has received a written request in writing for information from the commission of inquiry; and

(ii) the Minister has given written approval to the Commissioner of the communication of that information; and

(iii) the Commissioner has given to that person written approval of the communication of that information; or

(i) a person seeking information under a reciprocal arrangement under section 458; or

(j) a member of the police force exercising functions as a member of the police force; or

(k) a person nominated by a person referred to in paragraphs (a) to (g); or

(l) any person to whom, in the opinion of the Commissioner, it is in the public interest that the information be divulged.

      (5) For the purposes of this section, a person is, or was, engaged in the administration of this Act or the former Act if the person performs or exercises, or at any time performed or exercised, a function or power as –

(a) the Commissioner or person referred to in section 6E of the Commissioner for Corporate Affairs Act 1980 ; or

(b) an inspector appointed under this Act or the former Act; or

(c) an investigator appointed under this Act; or

(d) a person appointed or employed for the purposes of this Act or the former Act.

      (6) In this section –

"divulge" , in relation to information, means –

(a) communicate the information verbally; or

(b) make available a document containing the information; or

(c) make available anything from which, by electronic process or otherwise, the information may be obtained; or

(d) communicate the information in any other manner;

"former Act" means the Co-operative Industrial Societies Act 1928 .