Serious Fraud Office Act 1990

Miscellaneous provisions - Secrecy

43: Protected information may cease to be secret

You could also call this:

"Secret information is not secret if shared in court or with permission"

Illustration for Serious Fraud Office Act 1990

You need to know that protected information is not secret anymore if it is shared in court. This can also happen if the information is shared under certain sections of the law, like section 36, section 37(3)(b)(i), or section 39(2)(b)(i), and the Director tells you in writing that it is no longer protected. The Director will only tell you that the information is no longer protected if the person who gave the information to the Serious Fraud Office agrees, in certain situations. You should be aware that the Director has rules to follow when sharing protected information. If the information is shared under section 37(3)(b)(i) or section 39(2)(b)(i), the Director needs the consent of the person who disclosed the information. This means the Director cannot share the information without permission. The law has rules about when protected information can be shared. The Director must follow these rules when deciding what information to share. You can find more information about these rules in the relevant sections of the law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211484.


Previous

42: Authorisations to disclose protected information, or

"Getting permission to share secret information"


Next

44: Persons ceasing to be members of Serious Fraud Office under continuing obligation of secrecy, or

"Leaving the Serious Fraud Office: Keeping Secrets"

Part 4Miscellaneous provisions
Secrecy

43Protected information may cease to be secret

  1. For the purposes of this Act, protected information shall cease to be protected information if—

  2. it is lawfully released in any court proceedings; or
    1. it is lawfully released under section 36 or section 37(3)(b)(i) or section 39(2)(b)(i) in circumstances where the Director informs the person to whom the information is disclosed, by notice in writing, that the information is no longer protected information.
      1. The Director shall not serve any such notice in respect of information that is released under section 37(3)(b)(i) or section 39(2)(b)(i) unless the person who disclosed the information to the Serious Fraud Office consents.