(1) This section applies to a person who performs any function, or exercises any power, under this Act.

(2) Any person to whom this section applies must not, directly or indirectly, record, disclose or make use of any information obtained in the course of performing a function or exercising a power under this Act except ¾

(a) for the purpose of performing a function or exercising a power under this Act;

(b) as required or allowed by this Act or under another written law;

(c) with the written consent of the person, or persons, who provided the information;

(d) for the purpose of the investigation of any suspected offence or the conduct of proceedings for any offence; or

(e) at the written direction of the Minister, for the purpose of providing information to the general public concerning any conduct or operation of the department or the Minister under this Act.

(3) Despite subsection (2), a person to whom this section applies must not, in respect of information that would reveal a trade secret or information that has commercial value to the person, or persons, who provided the information ¾

(a) disclose such information publicly; or

(b) make any reference to such information, or any characteristic of the information, in a manner likely to reveal the information in any report or statement prepared for the purposes of this Act under the Financial Administration and Audit Act 1985,

without the written consent of the person, or persons, who provided the information.

(4) Section 58C of the Financial Administration and Audit Act 1985 is not affected by the operation of this section.

Penalty: $25 000 or 2 years imprisonment, or both.