Business Names Registration Act 2011
The Registrar may, by legislative instrument, make a disclosure framework relating to disclosing protected information. 62L(2)
Without limiting subsection (1) , the disclosure framework may provide for any of the following: (a) circumstances in which information must not be disclosed without the consent of the person to whom it relates; (b) circumstances in which de-identified information may be disclosed; (c) circumstances in which information may be disclosed to the general public; (d) circumstances in which confidentiality agreements are required for the disclosure of information; (e) imposing conditions on disclosure of information. 62L(3)
Without limiting subsection (1) , the disclosure framework may provide differently in relation to different functions or powers of the Registrar under this Act or the Transitional Act. 62L(4)
A person commits an offence if: (a) the person is a party to a confidentiality agreement of a kind mentioned in paragraph (2)(d) ; and (b) the person fails to comply with the confidentiality agreement.
Penalty: 100 penalty units or imprisonment for 2 years, or both.62L(5)
The disclosure framework must not provide for disclosure of protected information unless the Registrar is satisfied that the benefits of the disclosure would outweigh the risks of the disclosure (taking into account any mitigation of those risks in accordance with the disclosure framework). 62L(6)
However, subsection (5) does not apply to the extent that the disclosure framework deals with a matter in accordance with a direction under section 62D . 62L(7)
If: (a) a Commonwealth body (the new Registrar ) is appointed as the Registrar with particular functions or powers under this Act or the Transitional Act; and (b) immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and (c) the new Registrar does not have a disclosure framework that would apply to those functions or powers;
the disclosure framework applying to those functions or powers immediately before that appointment continues to apply until the new Registrar makes a disclosure framework that applies to those functions or powers, or amends its existing disclosure framework to apply to those functions or powers.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.