Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In this section:
"court" includes any entity with power to require the production of documents or the answering of questions.
"divulge" includes communicate.
"person to whom this section applies" means anyone who is, or has been—
(a) an investigator; or
(b) acting under the direction or authority of an investigator; or
(c) providing advice, expertise or assistance to an investigator.
"produce" includes allow access to.
"protected information" means information about a law practice or another person that is disclosed to, or obtained by, a person to whom this section applies (the relevant person ) because of the exercise of a function under this Act by the relevant person or someone else.
(2) A person to whom this section applies commits an offence if—
(a) the person—
(i) makes a record of protected information about a law practice or another person; and
(ii) is reckless about whether the information is protected information about a law practice or another person; or
(b) the person—
(i) does something that divulges protected information about a law practice or another person; and
(ii) is reckless about whether—
(A) the information is protected information about a law practice or another person; and
(B) doing the thing would result in the information being divulged.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) This section does not apply if the record is made, or the information is divulged—
(a) under this Act or another territory law; or
(b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law.
(4) Subsection (2) does not apply to the divulging of protected information about a law practice or another person—
(a) to the practice or person; or
(b) if relevant, to an associate of the practice; or
(c) with the consent of the practice or person; or
(d) if divulging the information is necessary for properly conducting an investigation and making the report of the investigation; or
(e) as provided in section 557 (Permitted disclosure of confidential information—ch 6).
(5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.