Offering to supply protected Commission information etc
67D Offering to supply protected Commission information etc
Offering to supply protected Commission information—offence
A person commits an offence if:
the person offers to supply (whether to a particular person or otherwise) information about another person; and
the person knows the information is protected Commission information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Offering to supply protected Commission information—civil penalty
A person contravenes this subsection if:
the person offers to supply (whether to a particular person or otherwise) information about another person; and
the information is protected Commission information.
Civil penalty: 120 penalty units.
Persons holding themselves out as able to supply protected Commission information—offence
A person commits an offence if:
the person holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and
the person knows the information is protected Commission information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Persons holding themselves out as able to supply protected Commission information—civil penalty
A person contravenes this subsection if:
the person holds themselves out as being able to supply (whether to a particular person or otherwise) information about another person; and
the information is protected Commission information.
Civil penalty: 120 penalty units.
Exception—performing or exercising duties, functions or powers under this Act
Subsections (1), (1A), (2) and (2A) do not apply to a person acting in the performance or exercise of the person’s duties, functions or powers under this Act.
A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.
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