s 127 Confidentiality and use of information
127.—(1) A valuer must not use or disclose any information obtained under this Division other than for the performance of its functions under this Division. (2) Any person who comes to know of any information in the course of assisting another person to perform a function under this Division must not use or disclose the information for any purpose other than for such assistance. (3) Except as provided under sections 125(5) and 128, a valuer must not disclose any part of the valuation report issued by the valuer to any person. (4) The duties of a valuer under subsections (1) and (3) continue after the revocation or cessation of the valuer’s appointment. (5) A person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction —(a) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both; or (b) in any other case, to a fine not exceeding $250,000. (6) A person to whom any information is disclosed, who knows or has reasonable grounds for believing at the time of the disclosure, that the information was disclosed to the person in contravention of subsection (1), (2) or (3), shall be guilty of an offence and shall be liable on conviction —(a) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both; or (b) in any other case, to a fine not exceeding $250,000. (7) Where a person is charged with an offence under subsection (6), it is a defence for the person to prove that —(a) the disclosure was made contrary to the person’s desire; (b) where the disclosure was made in any written or printed form, the person had as soon as practicable after receiving the information, surrendered, or taken all reasonable steps to surrender, the information and all copies of the information to the Authority; and (c) where the disclosure was made in an electronic form, the person had, as soon as practicable after receiving the information, taken all reasonable steps to ensure the deletion of all electronic copies of the information and the surrender of the information and all copies of the information in other forms to the Authority.