42Secrecy
(1)
A person who acquires information in the exercise
of a function under this Act, the Greyhound Racing
Act 2002 or the Harness Racing
Act 2002 must not directly or indirectly makes a record of
the information or divulge it to another person except in the exercise of
functions under this Act, the Greyhound Racing Act
2002 or the Harness Racing
Act 2002.
Maximum penalty: 50 penalty
units.
(2)
Despite subsection (1), information may be
divulged:
(a)
to a particular person or persons, if the
Minister certifies that it is necessary in the public interest that the
information be divulged to the person or persons, or
(b)
to a person who is expressly or impliedly
authorised to obtain it by the person to whom the information relates,
or
(c)
to GRNSW, HRNSW, the Authority or Racing New
South Wales, or
(d)
to the Director-General of the Department of
Gaming and Racing, or
(e)
to a person or body prescribed by the
regulations.
(3)
It is not an offence under this section if, in
legal proceedings, a person:
(a)
divulges information in answer to a question that
the person is compellable to answer, or
(b)
produces a document or other thing that the
person is compellable to produce.
(4)
A body or person to whom information is divulged
under this section, and a person or employee under the control of that body or
person, are, in respect of that information, subject to the same rights,
privileges and duties under this section as they would be if that body, person
or employee were a person exercising functions under this Act and had acquired
the information in the exercise of those functions.
(5)
This section does not apply to the divulging of
information to any of the following:
(a)
the Independent Commission Against
Corruption,
(a1)
the Inspector of the Independent Commission
Against Corruption,
(b)
the Australian Crime
Commission,
(c)
the New South Wales Crime
Commission,
(d)
the Ombudsman,
(e)
the Police Integrity
Commission,
(f)
the Inspector of the Police Integrity
Commission,
(g)
any other person or body prescribed by the
regulations for the purposes of this subsection.
(6)
This section does not prevent a person being
given access to a document in accordance with the Freedom of Information Act
1989.
(7)
In this section, a reference to the divulging of
information includes a reference to the production of a document or other
thing and the provision of access to the document or other
thing.
s 42: Am 2005 No 10,
Sch 2.4.