Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies to a person who performs any function, or exercises any power, under
this Act.
(2) Any person to whom
this section applies must not, directly or indirectly, record, disclose or
make use of any information obtained in the course of performing a function or
exercising a power under this Act except —
(a) for
the purpose of performing a function or exercising a power under this Act;
(b) as
required or allowed by this Act or under another written law;
(c) with
the written consent of the person, or persons, who provided the information;
(d) for
the purpose of the investigation of any suspected offence or the conduct of
proceedings for any offence; or
(e) at
the written direction of the Minister, for the purpose of providing
information to the general public concerning any conduct or operation of the
department or the Minister under this Act.
(3) Despite
subsection (2), a person to whom this section applies must not, in
respect of information that would reveal a trade secret or information that
has commercial value to the person, or persons, who provided the
information —
(a)
disclose such information publicly; or
(b) make
any reference to such information, or any characteristic of the information,
in a manner likely to reveal the information in any report or statement
prepared for the purposes of this Act under the Financial Management
Act 2006 ,
without the written
consent of the person, or persons, who provided the information.
(4) Sections 81
and 82 of the Financial Management Act 2006 are not affected by the
operation of this section.
Penalty: $25 000 or 2 years
imprisonment, or both.
[Section 29 amended by No. 77 of 2006
s. 17.]