Prohibition on use or disclosure of certain documents and information
160CB Prohibition on use or disclosure of certain documents and information
Requirement
A person must not use or disclose:
a constrained document; or
information contained in a constrained document; or
constrained information.
Civil penalty: 5,000 penalty units.
Offence
A person commits an offence if:
the person uses or discloses a document or information; and
any of the following apply:
the document is a constrained document;
the information is contained in a constrained document;
the information is constrained information.
Criminal penalty: 100 penalty units.
Strict liability offence
A person commits an offence if the person uses or discloses:
a constrained document; or
information contained in a constrained document; or
constrained information.
Criminal penalty: 10 penalty units.
Subsection (3) is an offence of strict liability.
Defence
For the purposes of subsection (1), (2) or (3) it is a defence if the use or disclosure by the person is:
a disclosure to another person (the recipient) of:
a constrained document; or
information contained in a constrained document; or
constrained information;
that is about the financial affairs of the recipient (either alone or with others); or
necessary for the person to comply with the person’s obligations under this Act; or
required or authorised by or under a law of the Commonwealth, or of a State or Territory, or a court or tribunal order; or
for the purposes of considering a hardship notice; or
for the purposes of assisting ASIC to perform its functions or exercise its powers; or
for the purposes of allowing the operator of the AFCA scheme to perform its functions or exercise its powers.
For the purposes of subsection (2) or (3), a defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
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