Victorian Current Acts Victorian Current ActsS. 87(1) amended by No. 99/1995 s. 37(1).
(1) The following are bound by this section—
S. 87(1)(a) amended by No. 52/1998 s. 230(a).
(a) a member of the Advisory Committee;
S. 87(1)(b) amended by No. 37/2014 s. 10(Sch. item 155.24).
(b) a police officer;
S. 87(1)(c) amended by Nos 46/1998 s. 7(Sch. 1), 52/1998
s. 230(b), 108/2004
s. 117(1)
(Sch. 3 item 165.3), substituted by
No. 47/2019 s. 101(1).
(c) any person employed under Part 3 of the Public Administration Act 2004 ;
S. 87(1)(d) inserted by No. 47/2019 s. 101(1).
(d) the Chairperson, Deputy Chairperson and any other member of the Business Licensing Authority, appointed under section 5(1) of the Business Licensing Authority Act 1998 ;
S. 87(1)(e) inserted by No. 47/2019 s. 101(1).
(e) any other person whose services are being made use of by the Advisory Committee.
S. 87(2) amended by No. 99/1995 s. 37(2)(a)(b), substituted by Nos 47/2019 s. 101(2), 7/2022 s. 19(1).
(2) Except in the exercise of powers or performance of functions under or in connection with this Act, a person bound by this section must not directly or indirectly make a record of, or divulge to any person any information that concerns a person and is acquired in the exercise of those powers or performance of those functions.
Penalty: 60 penalty units.
S. 87(2A) inserted by No. 47/2019 s. 101(2), repealed by No. 7/2022 s. 19(2).
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S. 87(3) substituted by No. 99/1995 s. 37(3).
(3) Nothing in subsection (2) prevents a person bound by this section from—
(a) producing a document containing specified information, or divulging specified information, to such persons as the Minister directs if the Minister certifies that it is necessary in the public interest that the document should be so produced or the information should be so divulged; or
(b) producing a document containing information, or divulging information, to a prescribed authority or a prescribed class of person or the holder of a prescribed office; or
(c) producing a document containing information, or divulging information, to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.
S. 87(4) inserted by No. 99/1995 s. 37(3).
(4) An authority or person to whom a document containing information is produced or information is divulged under subsection (3), and a person or employee under the control of that authority or person, is subject, in respect of that information, to the same rights, privileges, obligations and liabilities under this section as if that authority, person or employee were a person performing functions under this Act and had acquired the information in the performance and those functions.
S. 87(5) inserted by No. 99/1995 s. 37(3).
(5) Subject to subsections (6) and (7), a person bound by this section is not, except for the purposes of this Act, required—
(a) to produce in a court a document that has come into his or her possession or under his or her control; or
(b) to divulge to a court any information that has come to his or her notice—
in the exercise of powers or performance of functions under or in connection with this Act.
S. 87(6) inserted by No. 99/1995 s. 37(3).
(6) If—
(a) the Minister certifies that it is necessary in the public interest that specified information should be divulged to a court; or
(b) a person to whom information relates has expressly authorised it to be divulged to a court—
a person bound by this section may be required—
(c) to produce in the court any document containing the information; or
(d) to divulge the information to the court.
S. 87(7) inserted by No. 99/1995 s. 37(3).
(7) A person bound by this section may be required—
(a) to produce in a court a document that has come into his or her possession or under his or her control; or
(b) to divulge to a court any information that has come to his or her notice—
if the court is hearing and determining an indictable offence, including a committal proceeding into an indictable offence and a summary hearing of an indictable offence.
S. 87(8) inserted by No. 99/1995 s. 37(3).
(8) In this section—
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions;
"produce" includes permit access to.