Commonwealth Numbered Acts

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 121

121. (1) This section applies to every person who is or has been the Clerk or
a member of the staff assisting the Clerk.

(2) Subject to this section, a person to whom this section applies shall not,
either directly or indirectly, except in the performance of a duty under or in
connexion with this Part-

   (a)  make a record of, or divulge or communicate to any person, any
        information concerning the affairs of another person acquired by him
        by reason of his office or employment under or for the purposes of
        this Part; or

   (b)  produce to any person a document furnished in pursuance of this
        Division.

Penalty: $1,000 or imprisonment for 3 months.

(3) A person to whom this section applies shall not be required to produce in
a court any document relating to the affairs of another person of which he has
the custody, or to which he has access, by virtue of his office or employment
under or for the purposes of this Part, or to divulge or communicate to any
court any information concerning the affairs of another person obtained by him
by reason of any such office or employment, unless it is necessary to do so
for the purposes of, or of a prosecution under or arising out of, this Part.

(4) This section does not apply in relation to-

   (a)  the communication of information to, or the production of a document
        to, the Tribunal for the purposes of an inquiry under this Part, the
        Minister or an officer acting on behalf of, and with the authority of,
        the Minister; or

   (b)  the communication or production to a person of, or of information or
        documents concerning, particulars furnished to the Clerk of an
        agreement to which, according to those particulars, that person is or
        has been a party.

(5) For the purposes of paragraph (4) (b), the communication or production of
any matter or document to a person authorized by writing under the common seal
of a body corporate to represent the body corporate for the purposes of this
section shall be deemed to be communication or production to that body
corporate.

(6) 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 and "production" has a corresponding
meaning.