Section 81: Confidentiality
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
81. Confidentiality
(1) Every member of the Board and every officer shall take the oath
specified in the Second Schedule.
(2) No member of the Board or officer shall, except in accordance with
this Act, or as otherwise authorised by law—
(a) divulge any information obtained in the exercise of a power, or in
the performance of a duty, under this Act;
(b) divulge the source of such information or the identity of any informer or the maker, writer or issuer of a report given to the
Director of the Corruption Investigation Division.
(3) Every member of the Board and every officer shall maintain confidentiality and secrecy of any matter, document, report and other information
relating to the administration of this Act that becomes known to him, or
comes in his possession or under his control.
(4) Notwithstanding subsections (2) and (3), the Director-General may
disclose, for the purposes of publication in the press, such information as he
considers necessary in the public interest.
(5) For the purpose of an investigation in respect of an offence committed in Mauritius under this Act and the Financial Intelligence and Anti-Money
Laundering Act, the Director-General may, with the express written concurrence of the Director of Public Prosecutions, impart to an agency in Mauritius
or abroad, such information, other than the source of the information, as
may appear to him to be necessary to assist an investigation into money
laundering or any other offence.
(6) Any person who, without lawful excuse, contravenes this section shall
commit an offence and shall, on conviction, be liable to a fine not exceeding
10,000 rupees and to imprisonment for a term not exceeding 2 years.
[S. 81 amended by s. 27 of Act 24 of 2005 w.e.f. 1 October 2005.]
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Questions this section answers
- Must ICAC Board members and officers keep investigation information confidential?
- What is the penalty for an ICAC officer who unlawfully discloses confidential information?