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COMMONWEALTHAct
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s 50

Prohibition on use or disclosure of protected information

In force
Part 4Confidentiality and information sharing
Division 3Use or disclosure of protected information

50 Prohibition on use or disclosure of protected information

(1)

A person contravenes this subsection if:

(a)

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

(b)

the person has obtained 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.

(2)

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

(a)

this Act or the rules; or

(b)

any other law of the Commonwealth.

Note:

A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault‑based offence

(3)

A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.

Penalty: 300 penalty units.

Strict liability offence

(4)

A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

(5)

A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 300 penalty units.

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