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COMMONWEALTHAct
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s 99

Offence—unauthorised access, recording, disclosure or use of protected information

In force
Chapter 4Administrative matters
Part 4‑3Protecting information under the scheme
Division 2Use and disclosure of protected information

99 Offence—unauthorised access, recording, disclosure or use of protected information

(1)

A person commits an offence if:

(a)

the person:

(i)

obtains information; or

(ii)

makes a record of information; or

(iii)

discloses information to another person; or

(iv)

uses information; and

(b)

the person is not authorised or required by or under this Act:

(i)

to obtain the information; or

(ii)

to make the record of the information; or

(iii)

to disclose the information; or

(iv)

to use the information; and

(c)

the information is protected information.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(2)

Subsection (1) does not apply if:

(a)

the person did not obtain the information under, for the purposes of, or in connection with, the scheme; or

(b)

the person had already obtained the information before the person obtained the information under, for the purposes of, or in connection with, the scheme.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

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Section 99 — Offence—unauthorised access, recording, disclosure or use of protected information — National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Commonwealth) — Barrister AI