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Duty as to secrecy and to make declaration

Cap. 105, s. 8 · Revised Edition 2020

(1) Subject to subsection (3) of this section, every member of the Commission and every other person having an official duty under this Act, or being employed in the administration of this Act, shall deal with all documents and information, and all other matters relating to a declaration, as secret and confidential, and shall make and subscribe a declaration to that effect before a Magistrate or a Justice of the Peace. (2) Every person required under subsection (1) of this section to deal with the matters specified therein as secret and confidential, who at any time communicates or attempts to communicate such information or anything contained in such documents to any person, (a) other than a person to whom he is authorized under this Act to communicate it; or (b) otherwise than for the purposes of this Act, commits an offence and is liable on summary conviction to a fine not less than five thousand dollars or to imprisonment for a period not exceeding two years, or to both fine and imprisonment. 14 Prevention of Corruption (3) A person who receives any information or anything contained in such documents as aforesaid, knowing or having reasonable ground to believe, at the time when he receives it, that it is communicated to him in contravention of this Act, commits an offence unless he proves that the communication to him of the information or of anything contained in any document was contrary to his or her desire. (4) A person who commits an offence under subsection (3) of this section is liable on summary conviction, (a) if the information or anything contained in a declaration or other document is published, to a fine not less than ten thousand dollars or to imprisonment for a period not exceeding four years or to both fine and imprisonment; or (b) in any other case, to a fine not less than five thousand dollars or to imprisonment for a period not exceeding two years or to both fine and imprisonment. (5) No prosecution for an offence under this section may be instituted after five years following the commission of the
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