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COMMONWEALTHAct
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s 117

Disclosure to certain other entities

In force
Part 6Information, reporting and confidentiality
Division 4Confidentiality and disclosure
Subdivision CDisclosure of information

117 Disclosure to certain other entities

(1)

The Executive Director may disclose protected information to any of the entities mentioned in subsection (2) if the Executive Director is satisfied that the protected information will assist the entity to exercise its powers, or perform its functions or duties.

(2)

The entities are the following:

(a)

a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013);

(b)

a State or Territory government, agency or authority prescribed by the rules for the purposes of this paragraph;

(c)

an international government, agency or authority prescribed by the rules for the purposes of this paragraph.

(3)

A person contravenes this subsection if:

(a)

the person is, or has been, an official of an entity mentioned in subsection (2); and

(b)

protected information has been disclosed to the entity under subsection (1); and

(c)

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

(d)

the person discloses the information other than for the purpose of the entity exercising the powers, or performing the functions or duties for which the information was disclosed to the entity under subsection (1).

Fault‑based offence

(4)

A person commits an offence if the person contravenes subsection (3).

Penalty: 300 penalty units.

Strict liability offence

(5)

A person commits an offence of strict liability if the person contravenes subsection (3).

Penalty: 60 penalty units.

Civil penalty provision

(6)

A person is liable to a civil penalty if the person contravenes subsection (3).

Civil penalty: 300 penalty units.

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