Environmental Planning and Assessment Act 1979 No 203
Current version for 19 November 2014 to date (accessed 21 December 2014 at 02:48)
Part 8Section 148

148   Disclosure and misuse of information

(1)  A person shall 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,
(b)  in connection with the administration or execution of this Act,
(c)  for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings,
(d)  in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e)  with other lawful excuse.
(2)  A person acting in the administration or execution of this Act shall not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known but if generally known might reasonably be expected to affect materially the market value or price of any land, for the purpose of gaining either directly or indirectly an advantage for himself or herself, or a person with whom he or she is associated.
(3)  A person acting in the administration or execution of this Act, and being in a position to do so, shall not, for the purpose of gaining either directly or indirectly an advantage for himself or herself, or a person with whom he or she is associated, influence:
(a)  the making of any provision of an environmental planning instrument or proposed environmental planning instrument, or
(b)  the determination of a development application, or
(c)  a decision concerning a complying development certificate, or
(d)  the giving of an order under Division 2A of Part 6.
(4)  In this section, a person is associated with another person if the person is the spouse, de facto partner, sibling, parent or child of the other person.

Maximum penalty: 20 penalty units or imprisonment for a term not exceeding 6 months.

Note. “De facto partner” is defined in section 21C of the Interpretation Act 1987.
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