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bruneilawsby aturio
In force2024 Revised Edition
Contents

Part · Inspections and Other Powers of Enforcement

44. Persons not to reveal protected information

(1)

If a person exercising any function under this Act as an inspector obtains protected information about the affairs of another person, he shall not disclose that protected information to any other person unless the disclosure —

(a)

is made with the written consent of the person to whom the information relates;

(b)

is for the purpose of the administration or enforcement of this Act; or

(c)

is in compliance with the requirement of any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions.

(2)

If any person acts in contravention of subsection (1), he is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both.

(3)

For the purpose of this section, the reference to a person disclosing any protected information includes his permitting any other person to have any access to any record, document or other thing containing that information which is in his possession or under his control by virtue of his being or having been an inspector.

Workplace Safety and Health 58

(4)

In this section, “protected information” means information the disclosure of which would, or could reasonably be expected to disclose a trade secret or to adversely affect a person in relation to his lawful business affairs.

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