38Disclosure of
information
(1)
A person must not disclose any information
obtained in connection with the administration or execution of this Act unless
that disclosure is made:
(a)
with the consent of the person from whom the
information was obtained, or
(b)
in connection with the administration or
execution of this Act, or
(c)
for the purposes of any legal proceedings arising
out of this Act or of any report of any such proceedings,
or
(d)
in accordance with a requirement imposed under
the Ombudsman Act 1974, the Freedom of Information Act 1989 or the
Independent Commission Against Corruption Act
1988, or
(e)
to a regulatory officer or law enforcement
officer, for the purposes of assisting the officer in the exercise of the
officer’s functions, or
(f)
as otherwise authorised by this section or the
regulations, or
(g)
with other lawful
excuse.
Maximum penalty: 20 penalty units or imprisonment
for 6 months, or both.
(2)
The Director-General may communicate to any
person directly concerned in any transaction with a registered valuer in
connection with his or her practice as a valuer any information furnished to
the Director-General in connection with the administration or execution of
this Act, in so far as it relates to any such transaction and directly
concerns any such person.
(3)
The Director-General may request and receive
information from a law enforcement officer or regulatory officer for the
purpose of assisting the Director-General in the exercise of functions under
this Act or under any other Act administered by the
Minister.
(4)
The Director-General may enter into agreements
and other arrangements for the sharing or exchange of information as
authorised by this section.
(5)
In this section:
law
enforcement officer means:
(a)
a member of the NSW Police Force, the Australian
Federal Police or of the police force of another State or a Territory,
or
(b)
the Director of Public Prosecutions or the Crown
Prosecutor of the State or the Director of Public Prosecutions or the Crown
Prosecutor of the Commonwealth or of another State or Territory,
or
(c)
any other person, or officer of an authority,
responsible for the investigation or prosecution of offences under laws of the
State, the Commonwealth, another State or a
Territory.
regulatory officer means an officer
or employee of a government agency (including the government of a jurisdiction
outside the State and outside Australia) exercising functions under an
enactment with respect to fair trading or an enactment that provides for the
registration or other authorisation in connection with the undertaking of an
activity regulated under the enactment.
s 38: Am 2006 No 94,
Sch 3.36.