Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 473GC

Disclosure of confidential information

  (1)   This section applies to a person who is or has been:

  (a)   a Reviewer; or

  (b)   a person acting as a Reviewer; or

  (c)   a person mentioned in subsection   473JE(2) who is assisting the Immigration Assessment Authority; or

  (d)   a person providing interpreting services in connection with a review by the Authority.

  (2)   This section applies to information or a document if the information or document concerns a person and is obtained by a person to whom this section applies in the course of performing functions or duties or exercising powers under this Act.

  (3)   A person to whom this section applies must not:

  (a)   make a record of any information to which this section applies; or

  (b)   divulge or communicate to any person any information to which this section applies;

unless the record is made or the information is divulged or communicated:

  (c)   for the purposes of this Act; or

  (d)   for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act.

Penalty:   Imprisonment for 2 years.

  (4)   Subsection   (3) applies to the divulging or communication of information whether directly or indirectly.

  (5)   A person to whom this section applies must not be required to produce any document, or to divulge or communicate any information, to which this section applies to or in:

  (a)   a court; or

  (b)   a tribunal; or

  (c)   a House of the Parliament of the Commonwealth, of a State or of a Territory; or

  (d)   a committee of a House, or the Houses, of the Parliament of the Commonwealth, of a State or of a Territory; or

  (e)   any other authority or person having power to require the production of documents or the answering of questions;

except where it is necessary to do so for the purposes of carrying into effect the provisions of this Act.

  (6)   Nothing in this section affects a right that a person has under the Freedom of Information Act 1982 .

  (7)   For the purposes of this section, a person who is providing interpreting services in connection with a review by the Immigration Assessment Authority is taken to be performing a function under this Act.

  (8)   In this section:

"produce" includes permit access to.


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