Communication or use of protected information
115 Communication or use of protected information
A person commits an offence if—
the person uses protected information; and
the use of the information is not a protected use; and
the person is reckless about whether the use is protected use.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
A person commits an offence if—
the person uses protected information; and
the use of the information is not a protected use; and
the person intends to use the protected information to—
endanger the health or safety of another person; or
damage property or the environment.
Maximum penalty: 1 000 penalty units, imprisonment for 3 years or both.
In this section, use of protected information is a protected use if the information is used—
in accordance with this Act or another territory law; or
in relation to the exercise of a function under this Act or another territory law; or
with the consent of the person to whom the information relates, or from whom the information was obtained; or
for the purposes of legal proceedings arising out of the administration or enforcement of this Act; or
by disclosing the information to an entity under a territory law or the law of another jurisdiction that has functions relating to radiation health or safety.
Examples—entity having functions relating to radiation health or safety
1 a national board under the Health Practitioner Regulation National Law (ACT)
2 the veterinary practitioners board
3 the Chief Executive Medicare
4 the environment protection authority
5 the work health and safety commissioner
In this section:
protected information means information disclosed to, or obtained by, a person because of the exercise of a function under this Act.
This Act’s bill:Explanatory statementSecond reading speech
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