Carbon Credits (Carbon Farming Initiative) Act 2011

This section applies if the Regulator is satisfied that particular protected audit information will enable or assist any of the following persons or bodies:

Low Carbon Australia Limited (ACN 141 478 748);

the Australian Transaction Reports and Analysis Centre;

a prescribed professional disciplinary body;

a person or body responsible for the administration of a scheme that involves the issue of prescribed eligible carbon units;

If any of the following individuals:

an individual who is an audit team leader;

an individual assisting an audit team leader;

A person commits an offence if:

the person is:

a prescribed professional disciplinary body; or

a member of a prescribed professional disciplinary body; and

protected audit information has been disclosed under subsection (3) to the body; and

the person:

discloses the information to another person; or

uses the information.

Subsection (4) does not apply if:

the disclosure or use is with the consent of the Regulator; and

the disclosure or use is for the purpose of:

deciding whether or not to take disciplinary or other action; or

taking that action.

A defendant bears an evidential burden in relation to a matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

The Regulator may, by writing, impose conditions to be complied with in relation to protected audit information disclosed under subsection (3).

A person commits an offence if:

the person is subject to a condition under subsection (6); and

the person engages in conduct; and

the person’s conduct breaches the condition.

An instrument under subsection (6) is not a legislative instrument.