South Australian Numbered Acts

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SMALL BUSINESS COMMISSIONER ACT 2011 (NO 41 OF 2011) - SECT 13

13—Confidentiality

        (1)         A person must not divulge or communicate personal information, information relating to trade secrets or business processes or financial information acquired by reason of being, or having been, employed or engaged in, or in connection with, the administration of this Act, except—

            (a)         with the consent of the person to whom the information relates; or

            (b)         as authorised by the Commissioner or the person's employer; or

            (c)         in connection with the administration of this Act; or

            (d)         to a police officer or a member of the police force of another State, a Territory of the Commonwealth or the Commonwealth; or

            (e)         to a person concerned in the administration of another law of the State, or a law of another State, a Territory of the Commonwealth or the Commonwealth, relating to trade or commercial practices or the protection of consumers; or

            (f)         for the purposes of legal proceedings.

Maximum penalty: $20 000.

        (2)         Information that has been disclosed under this section for a particular purpose must not be used for any other purpose by—

            (a)         the person to whom the information was disclosed; or

            (b)         any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.

Maximum penalty: $20 000.



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