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COMMONWEALTHAct
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s 38

Unauthorised use or disclosure of protected information—official of certain Commonwealth entities

In force
Part 4Information and confidentiality
Division 5Civil penalties

38 Unauthorised use or disclosure of protected information—official of certain Commonwealth entities

A person is liable to a civil penalty if:

(a)

the person is, or has been, an official, other than an entrusted person, of a Commonwealth entity that is not the National Environmental Protection Agency; and

(b)

the person has obtained relevant information in the person’s capacity as an official of the entity; and

(c)

the information is protected information that was disclosed to the entity under any of the following provisions:

(i)

section 20 (disclosure of EIA information to Commonwealth entities);

(ii)

subsection 26(1) (disclosure of EIA information for the Head’s functions and powers);

(iii)

subsection 36(1) (disclosure of departmental information for the Head’s functions and powers); and

(d)

the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.

Civil penalty: 200 penalty units.

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