Offence—unauthorised access, recording, disclosure or use of protected information
99 Offence—unauthorised access, recording, disclosure or use of protected information
A person commits an offence if:
the person:
obtains information; or
makes a record of information; or
discloses information to another person; or
uses information; and
the person is not authorised or required by or under this Act:
to obtain the information; or
to make the record of the information; or
to disclose the information; or
to use the information; and
the information is protected information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Subsection (1) does not apply if:
the person did not obtain the information under, for the purposes of, or in connection with, the scheme; or
the person had already obtained the information before the person obtained the information under, for the purposes of, or in connection with, the scheme.
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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