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Renewable Energy (Electricity) Bill 2000

Part 12 Secrecy

   

126   Persons to whom Part applies

             (1)  This Part applies to a person who is or has been:

                     (a)  the Regulator; or

                     (b)  an officer or employee of the branch of the APS under the direct control of the Regulator; or

                     (c)  otherwise appointed or employed by, or a provider of services for, the Commonwealth.

Oath or declaration

             (2)  A person to whom this Part applies must, if and when required by the Regulator to do so, make an oath or declaration to maintain secrecy in accordance with this Part.

             (3)  The Regulator may determine, in writing:

                     (a)  the form of the oath or declaration; and

                     (b)  the manner in which the oath or declaration must be made.

127   Information may be recorded or divulged only for purposes of Act

             (1)  A person to whom this Part applies is guilty of an offence if the person:

                     (a)  makes a record of any protected information; or

                     (b)  whether directly or indirectly, divulges or communicates to a person any protected information about another person;

and the record is made, or the information is divulged or communicated, other than:

                     (c)  under or for the purposes of this Act; or

                     (d)  in the performance of duties, as a person to whom this Part applies, under or in relation to this Act.

Maximum penalty: Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Despite 13.3(3) of the Criminal Code , a defendant does not bear an evidential burden in relation to a matter specified in paragraph (1)(c) or (d).

128   Court may not require information or documents

                   A person to whom this Part applies is not required:

                     (a)  to divulge or communicate protected information to a court; or

                     (b)  to produce a protected document in court;

except where it is necessary to do so for the purpose of implementing this Act.

129   Information may be divulged to persons performing duties under this Act

             (1)  Nothing in this Act prohibits the Regulator or a person authorised by the Regulator from divulging or communicating any information to a person performing, as a person to whom this Part applies, duties under or in relation to this Act for the purpose of enabling that person to perform those duties.

             (2)  Despite 13.3(3) of the Criminal Code , a defendant does not bear an evidential burden in relation to a matter specified in subsection (1).

130   Information may be divulged to court for purposes of this Act

             (1)  Nothing in this Act prohibits the Regulator, or a person authorised by the Regulator, from:

                     (a)  divulging or communicating to a court any information obtained under or for the purposes of this Act; or

                     (b)  producing in court a document obtained or made under or for the purposes of this Act;

where it is necessary to do so for the purpose of implementing this Act.

             (2)  Despite 13.3(3) of the Criminal Code , a defendant does not bear an evidential burden in relation to a matter specified in subsection (1).

131   Information may be divulged with consent of the subject of the information

                   This Part does not prohibit the Regulator, or a person authorised by the Regulator, from divulging or communicating any protected information relating to a person, or the affairs of a person, if the person agrees in writing to the divulging or communicating of the information.

             (2)  Despite 13.3(3) of the Criminal Code , a defendant does not bear an evidential burden in relation to a matter specified in subsection (1).

132   Information may be divulged to specified persons or bodies

                   This Part does not prohibit the Regulator, or a person authorised by the Regulator, from divulging or communicating any protected information to:

                     (a)  the Minister, the Head of the Australian Greenhouse Office or an officer of the Australian Greenhouse Office authorised by the Head of the Australian Greenhouse Office for the purposes of this Part; or

                     (b)  the Administrative Appeals Tribunal for the purposes of the performance of any of its functions or the exercise of any of its powers; or

                     (c)  an officer of that part of the Agriculture Department known as the Australian Bureau of Agriculture and Resource Economics ( ABARE ) for the purposes of the performance of any of its functions or the exercise of any of ABARE’s powers; or

                     (d)  the Australian Statistician, or an officer of the Australian Bureau of Statistics, for purposes, limited to statistics, under the Census and Statistics Act 1905 .

             (2)  Despite 13.3(3) of the Criminal Code , a defendant does not bear an evidential burden in relation to a matter specified in subsection (1).

133   Australian Bureau of Statistics to observe secrecy requirements

                   If information is divulged or communicated under paragraph 132(d) to the Australian Statistician or to an officer of the Australian Bureau of Statistics, then the information, or the information contained in the document, is taken to be information given for the purposes of the Census and Statistics Act 1905 .

134   Regulator may publish certain information

                   The Regulator may publish:

                     (a)  a list of each liable entity that has a renewable energy certificate shortfall for a particular year; and

                     (b)  the total of the renewable energy certificate shortfalls for a year.