Offence relating to protected information
90 Offence relating to protected information
A person commits an offence if:
the person obtains information; and
the information is protected information; and
the person makes a record of, or discloses or otherwise uses, the information.
Penalty: Imprisonment for 2 years.
Chapter 2 of the Criminal Code sets out the principles of criminal responsibility.
For defences to this offence, see sections 91 and 92.
Subsection (1) does not apply if the record, disclosure or other use is authorised by this Division.
A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
A document that contains protected information is an exempt document for the purposes of section 38 of the Freedom of Information Act 1982.
This Act’s bill:Explanatory memorandumSecond reading speech
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