Part VIMiscellaneous and General
Information provided to Commissioner or Tribunal
58Disclosure of information
No enactment or rule of law prohibiting or restricting the disclosure of information shall preclude a person from furnishing the Commissioner or the Tribunal with any information necessary for the discharge of their functions under this Act.
59Confidentiality of information
1
No person who is or has been the Commissioner, a member of the Commissioner’s staff or an agent of the Commissioner shall disclose any information which—
a
has been obtained by, or furnished to, the Commissioner under or for the purposes of this Act,
b
relates to an identified or identifiable individual or business, and
c
is not at the time of the disclosure, and has not previously been, available to the public from other sources,
unless the disclosure is made with lawful authority.
2
For the purposes of subsection (1) a disclosure of information is made with lawful authority only if, and to the extent that—
a
the disclosure is made with the consent of the individual or of the person for the time being carrying on the business,
b
the information was provided for the purpose of its being made available to the public (in whatever manner) under any provision of this Act,
c
the disclosure is made for the purposes of, and is necessary for, the discharge of—
i
any functions under this Act, or
ii
any Community obligation,
d
the disclosure is made for the purposes of any proceedings, whether criminal or civil and whether arising under, or by virtue of, this Act or otherwise, or
e
having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest.
3
Any person who knowingly or recklessly discloses information in contravention of subsection (1) is guilty of an offence.