Greyhound and Harness Racing Administration Act 2004 No 36
Repealed version for 22 September 2008 to 30 June 2009 (accessed 20 December 2014 at 01:22)
Part 7Section 42

42   Secrecy

(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.
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