Disclosure to certain agencies, bodies and persons
49 Disclosure to certain agencies, bodies and persons
Scope
This section applies if the Chair of the Regulator is satisfied that particular protected information, or a particular class of protected information, will enable or assist any of the following agencies, bodies or persons:
a Department (within the meaning of the Freedom of Information Act 1982);
the Australian Bureau of Statistics;
the Australian Communications and Media Authority;
the Australian Competition and Consumer Commission;
the Australian Prudential Regulation Authority;
the Australian Securities and Investments Commission;
the National Competition Council;
the Productivity Commission;
the Australian Energy Regulator;
the Australian Statistician;
the Commissioner of Taxation;
the Australian Competition Tribunal;
the Director of Public Prosecutions;
the Australian Transaction Reports and Analysis Centre;
the Reserve Bank of Australia;
the Director of National Parks;
the Regional Investment Corporation;
Australian Energy Market Operator Limited (ACN 072 010 327);
the Australian Energy Market Commission established under the Australian Energy Market Commission Establishment Act 2004 of South Australia;
the Independent Market Operator established under the Electricity Industry (Independent Market Operator) Regulations 2004 of Western Australia;
Low Carbon Australia Limited (ACN 141 478 748);
the Climate Change Authority;
the Clean Energy Finance Corporation;
the Land Sector Carbon and Biodiversity Board;
the Energy Security Council;
the Comptroller‑General of Customs (within the meaning of the Customs Act 1901);
the Australian Renewable Energy Agency;
a prescribed agency or authority of the Commonwealth;
a State/Territory government body whose functions include a function that corresponds to a function of the Regulator;
a prescribed State/Territory government body;
a prescribed international climate change body;
a prescribed international biodiversity body;
a prescribed professional disciplinary body;
a person or body responsible for the administration of a scheme that involves the issue or registration of prescribed eligible carbon units;
to perform or exercise any of the functions or powers of the agency, body or person.
Disclosure
If an official of the Regulator is authorised by the Chair of the Regulator, in writing, for the purposes of this section, the official may disclose that protected information, or protected information included in that class of protected information, as the case may be, to the agency, body or person concerned.
The Chair of the Regulator may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (2).
A person commits an offence if:
the person is subject to a condition under subsection (3); and
the person engages in conduct; and
the person’s conduct breaches the condition.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
An instrument under subsection (3) is not a legislative instrument.
Prescribed professional disciplinary bodies
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 information has been disclosed under subsection (2) to the body; 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
Subsection (6) does not apply if:
the disclosure or use is with the consent of the Chair 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 (7) (see subsection 13.3(3) of the Criminal Code).
This Act’s bill:Explanatory memorandumSecond reading speech
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