(1) This section applies to a person who is or has been any of the following:
(a) the Director;
(b) a mediator;
(c) a Centre employee;
(d) a Council member;
(e) a Committee member.
(2) The person must not –
(a) record any information obtained by the person in exercising a power or performing a function under this Act; or
(b) disclose any such information to a person or body (including a court or tribunal); or
(c) publish all or part of a document obtained by the person in exercising a power or performing a function under this Act; or
(d) produce to a court or tribunal a document or any other thing obtained by the person in exercising a power or performing a function under this Act.
(3) Subsection (2) does not apply in relation to any recording, disclosure, publication or production that –
(a) is part of the exercise of a power or the performance of a function under this Act; or
(b) relates to the administration of this Act; or
(c) is required by another law; or
(d) is reasonably necessary for the protection of a person or the prevention of damage to property; or
(e) is made for –
(i) a person who is the subject of the information, document or thing; or
(ii) another person with the consent of the person referred to in subparagraph (i) (whether the consent is given expressly or by implication); or
(iii) a person prescribed by the Regulations.
(4) A person who contravenes subsection (2) is guilty of an offence.
Penalty: If the offender is a natural person – 400 penalty units or imprisonment for 2 years.
If the offender is a body corporate – 2 000 penalty units.
(5) For this section, a reference to a power or function under this Act does not include a reference to a power or function under the Construction Contracts (Security of Payments) Act arising from Part 4 of this Act.