6105 Government Gazette 25 August 2016 Act No. 8, 2016 (b) 17 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ACT, 2016 make use of, or profit from, confidential information obtained as a result of exercising or performing a power or function as a Chief Executive Officer or staff member. (6) A person who contravenes subsection (1), (2), (4) or (5) commits an offence and on conviction is liable to a fine not exceeding N$100 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. Reports by Registrar 24. The Registrar must, during meetings of the Board or within a period as may be determined by the Board, report to the Board on (a) the issue of the registration of business and industrial property registered by the Registrar; or (b) any matter that the Registrar may wishes to bring to the attention of the Board pertaining to any function performed or power exercised by the Registrar under this Act or applicable legislation. Prohibition of disclosure of confidential information 25. A member of the Board or committee, staff member of BIPA or any other person contracted by BIPA, may not disclose to any other person confidential information acquired in the exercise or performance of a power or function under or in terms of this Act or an applicable legislation whether before, during or after his or her involvement in the affairs of BIPA, except (a) for the purposes of the exercise or performance of his or her powers or functions under or in terms of this Act or an applicable legislation; or (b) when required to do so by any other law or a court of law. Claim of confidentiality 26. (1) When submitting information to BIPA or to an inspector, a person may, in so far as it is provided for in applicable legislation or any other law, claim that all or part of that information is confidential. (2) A person claiming confidentiality as contemplated in subsection (1) must submit a written statement explaining why the information is confidential. (3) BIPA must - (a) consider a written statement submitted under subsection (2) in relation to a claim made under subsection (1); and (b) as soon as practicable, decide on the confidentiality of the information and access to that information and provide written reasons for the decision.