99 Obligation to maintain confidentiality

(1)

This section applies—

(a)

to the chief executive, the EPA, an enforcement officer, and any other person who performs functions or exercises powers of the chief executive, the EPA, or an enforcement officer under this Part and Part 5; and

(b)

at the time during which, and any time after which, those functions are performed or those powers are exercised.

(2)

A person to whom this section applies—

(a)

must keep confidential all information that comes into the person’s knowledge when performing any function or exercising any power under this Part and Part 5; and

(b)

may not disclose any information specified in paragraph (a), except—

(i)

with the consent of the person to whom the information relates or of the person to whom the information is confidential; or

(ii)

to the extent that the information is already in the public domain; or

(iii)

for the purposes of, or in connection with, the exercise of powers conferred by this Part or for the administration of this Act; or

(iiia)

for the purposes of, or in connection with, reporting requirements of the Public Finance Act 1989; or

(iv)

as provided under this Act or any other Act; or

(v)

in connection with any investigation or inquiry (whether or not preliminary to any proceedings) in respect of, or any proceedings for, an offence against this Act or any other Act; or

(vi)

for the purpose of complying with any obligation under the Convention or the Protocol.

(3)

A person to whom this section applies commits an offence under section 130 if the person knowingly contravenes this section.

(4)

Nothing in subsection (2) may be treated as prohibiting the chief executive or the EPA from—

(a)

providing or publishing general guidance in relation to the operation of this Part and Part 5; or

(b)

with the prior approval of the Minister, preparing and supplying statistical information to any person in a form that does not identify any individual; or

(c)

providing information to any person about whether any forest land is considered by the chief executive or the EPA to be pre-1990 forest land, pre-1990 offsetting forest land, or post-1989 forest land, or has been declared to be exempt land by the chief executive or the EPA.

Section 99: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 99(1)(a): substituted, on 5 December 2011, by section 16(1) of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 99(2)(b)(iii): amended, on 5 December 2011, by section 16(2) of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 99(2)(b)(iiia): inserted, on 5 December 2011, by section 16(3) of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 99(2)(b)(vi): amended, on 1 January 2013, by section 42(1) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 99(4): amended, on 5 December 2011, by section 16(4) of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 99(4)(c): amended, on 1 January 2013, by section 42(2) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 99(4)(c): amended, on 5 December 2011, by section 16(4) of the Climate Change Response Amendment Act 2011 (2011 No 15).