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COMMONWEALTHAct
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s 52

Disclosure of protected information to Commonwealth entities

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

52 Disclosure of protected information to Commonwealth entities

(1)

The Minister may disclose protected information to a Commonwealth entity if the Minister is satisfied that the information will assist the entity to perform its functions or exercise its powers.

(2)

A person contravenes this subsection if:

(a)

the person is, or has been, an official of a Commonwealth entity; and

(b)

the person has obtained 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 subsection (1); and

(d)

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

Fault‑based offence

(3)

A person commits an offence if the person contravenes subsection (2). 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 (2).

Penalty: 60 penalty units.

Civil penalty provision

(5)

A person is liable to a civil penalty if the person contravenes subsection (2).

Civil penalty: 300 penalty units.

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