Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who
misuses confidential information obtained by reason of any function that
person has, or at any time had, in the administration of this or a relevant
Act commits an offence.
Penalty: $12 000 and imprisonment for one
year.
(2) A person misuses
confidential information if it is, directly or indirectly, recorded, used or
disclosed to another person, other than —
(a) in
the course of duty; or
(b)
under this or a relevant Act or any other written law; or
(c) with
the written permission of the CEO; or
(d) for
the purposes of the investigation of any suspected offence or the conduct of
proceedings against any person for an offence; or
(e) with
the consent of the person or persons to whom the information relates; or
(f) in
circumstances prescribed by the regulations.
(3) This section does
not apply —
(a) to
or in respect of the Corporation; or
(b) to
information to which section 15 applies.
(4) In this
section —
confidential information means information that
has not been made public and that —
(a) is
by its nature confidential; or
(b) was
specified to be confidential by the person who supplied it; or
(c) is
known by the person using or disclosing it to be confidential.
[Section 112 inserted by No. 38 of 2007
s. 134.]