Use or disclosure of protected information
82 Use or disclosure of protected information
A person commits an offence if:
protected information has been disclosed to, or obtained by, the person; and
the protected information has been disclosed to, or obtained by, the person in his or her capacity as a person assisting small business/family enterprise; and
the person:
discloses the information to another person; or
uses the information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Exceptions
Each of the following is an exception to the prohibition in subsection (1):
the disclosure or use is authorised by a provision of this Act or a legislative instrument under this Act;
the disclosure or use is in compliance with a requirement under:
a law of the Commonwealth; or
a law of a State or a Territory.
A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Except where it is necessary to do so for the purposes of giving effect to this Act or a legislative instrument under this Act, a person assisting small business/family enterprise is not to be required:
to produce to a court or tribunal a document containing protected information; or
to disclose protected information to a court or tribunal.
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