§ 85 — Persons not to reveal protected information

85.—(1) If a person exercising any function under this Act obtains protected information about the affairs of another person, the firstmentioned person must not disclose that protected information to any other person unless the disclosure —(a)

is made with the written consent of the person to whom the information relates;

(b)

is for the purpose of the administration or enforcement of this Act; or

(c)

is in compliance with the requirement of any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions.

(2) If any person acts in contravention of subsection (1), he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(3) For the purpose of this section, the reference to a person disclosing any protected information includes his or her permitting any other person to have any access to any record, document or other thing containing that information which is in his or her possession or under his or her control by virtue of the person being or having been an authorised officer or authorised person.

(4) In this section, “protected information” means information the disclosure of which would, or could reasonably be expected to, disclose a trade secret or to adversely affect a person in relation to the lawful business affairs of that person.

—(1) If a person exercising any function under this Act obtains protected information about the affairs of another person, the firstmentioned person must not disclose that protected information to any other person unless the disclosure —(a)

is made with the written consent of the person to whom the information relates;

(b)

is for the purpose of the administration or enforcement of this Act; or

(c)

is in compliance with the requirement of any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions.

(2) If any person acts in contravention of subsection (1), he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(3) For the purpose of this section, the reference to a person disclosing any protected information includes his or her permitting any other person to have any access to any record, document or other thing containing that information which is in his or her possession or under his or her control by virtue of the person being or having been an authorised officer or authorised person.

(4) In this section, “protected information” means information the disclosure of which would, or could reasonably be expected to, disclose a trade secret or to adversely affect a person in relation to the lawful business affairs of that person.