Using information held by the Commonwealth
233BABAF Using information held by the Commonwealth
Using information to commit offence
A person commits an offence if:
the person obtains information; and
the information is restricted information; and
the person uses the information to commit an offence against a law of the Commonwealth, a State or a Territory.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the offence was an offence against a law of the Commonwealth, a State or a Territory.
Disclosing information to another person
A person commits an offence if:
the person obtains information; and
the information is restricted information; and
the person discloses the information to another person; and
the person is not authorised or required under:
this Act; or
the Australian Border Force Act 2015;
to make that disclosure.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
In this section:
restricted information means information:
held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Acts; and
to which access is restricted by an access control system associated with a function of the computer.
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