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FAIR TRADING ACT 1987 - SECT 22
Preservation of secrecy
22 Preservation of secrecy
(1) Except as provided by subsection (4), a person engaged in the
administration of this Act shall not-- (a) in the course of that
administration, disclose to another person so engaged any information or
evidence given, or the contents of any document produced, in response to a
notice under section 20 of this Act or section 219 of the ACL without
informing the other person that the information or evidence was so given, or
the document so produced, or
(b) otherwise than in the course of that
administration, disclose any such information, evidence or contents to any
person without the written permission of the Minister given in relation to the
disclosure.
: Maximum penalty--20 penalty units.
(2) A person who was, but
is no longer, engaged in the administration of this Act shall not, without the
written permission of the Minister, disclose to any other person any
information or evidence given, or the contents of any document produced, in
response to a notice under section 20 of this Act or section 219 of the ACL
that came to his or her knowledge in the course of that administration. :
Maximum penalty--20 penalty units.
(3) The Minister may grant the permission
referred to in subsection (1) or (2) only if the Minister is satisfied that to
do so would be in the public interest.
(4) It is not a contravention of
subsection (1) or (2)-- (a) if the Secretary communicates to the appropriate
Minister or officer of the Crown in right of this or any other State, or of
the Commonwealth or any of its Territories, any information or evidence given,
or the contents of any document produced, in response to a notice under
section 20 of this Act or section 219 of the ACL, or
(b) if, in any legal
proceedings, a person discloses any such information, evidence or contents in
answering a question that the person is compellable to answer in those
proceedings.
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