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COMMONWEALTHAct
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s 37

Unauthorised use or disclosure of EIA information that is protected information—entrusted person

In force
Part 4Information and confidentiality
Division 5Civil penalties

37 Unauthorised use or disclosure of EIA information that is protected information—entrusted person

Unauthorised use or disclosure

(1)

A person is liable to a civil penalty if:

(a)

the person is, or has been, an entrusted person; and

(b)

the person has obtained EIA information in the person’s capacity as an entrusted person; and

(c)

the information is protected information; and

(d)

the person uses or discloses the information.

Civil penalty: 200 penalty units.

Exceptions

(2)

Subsection (1) does not apply if the use or disclosure is authorised or required by:

(a)

this Act; or

(b)

any other law of the Commonwealth; or

(c)

a prescribed law of a State or a Territory.

Note:

A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

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