Unauthorised use or disclosure of protected information
40 Unauthorised use or disclosure of protected information
A person commits an offence if:
the person is, or has been, an entrusted person; and
the person obtains information in the person’s capacity as an entrusted person; and
the information is protected information; and
the person uses or discloses the information; and
the use or disclosure is not authorised by a provision in Subdivision B.
Penalty: Imprisonment for 2 years.
Subsection (1) does not apply in relation to use or disclosure of information if the information has already been lawfully made available to the public.
A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Subsection (1) does not apply if the conduct is:
authorised by a law of the Commonwealth other than the following:
this Act;
subsection 11CM(1) of the Banking Act 1959;
subsection 109E(1) of the Insurance Act 1973;
subsection 231E(1) of the Life Insurance Act 1995;
subsection 72(1) or section 73 of the Financial Accountability Regime Act 2023; or
in compliance with a requirement under a law of the Commonwealth other than this Act.
A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
Section 15.4 of the Criminal Code (Extended geographical jurisdiction—category D) applies to an offence against subsection (1).
This Act’s bill:Explanatory memorandumSecond reading speech
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