Commonwealth Numbered Acts

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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 149

Secrecy in relation to documents furnished under previous law.
149. (1) Subject to sub-section (3), a member of the Commission or a member of
the staff assisting the Commission shall not, either directly or indirectly,
except in the performance of a duty under or in connexion with this Act-

   (a)  make a record of, or divulge or communicate to any person, any
        information concerning the affairs of any other person acquired from-

        (i)    a document, copy or extract referred to in section 148; or

        (ii)   a document acquired by any person by reason of any office or
               employment under or for the purposes of the Trade Practices Act
               1965, or that Act as amended, or the Restrictive Trade
               Practices Act 1971, or that Act as amended; or

   (b)  produce to any person such a document, copy or extract.

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

(2) A member of the Commission or a member of the staff assisting the
Commission shall not be required to produce in a court a document, copy or
extract referred to in sub-section (1), or to divulge or communicate to any
court any information concerning the affairs of any other person acquired by
him from such a document, copy or extract.

(3) Nothing in sub-section (1) or (2) applies in relation to-

   (a)  the communication of information to, or the production of a document,
        copy or extract to, the Attorney-General or an officer acting on
        behalf of, and with the authority of, the Attorney-General; or

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

(4) 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. 


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