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COMMONWEALTHAct
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s 352

Offence—unauthorised obtaining of protected information

In force
Part 10Administration
Division 3Confidentiality

352 Offence—unauthorised obtaining of protected information

If:

(a)

a person intentionally obtains information; and

(c)

the person knows or ought reasonably to know that the information is protected information;

the person commits an offence punishable on conviction by imprisonment for a period of not more than 2 years.

Note 1:

Subsection 4B(2) of the Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.

Note 2:

A person, including an officer, is authorised to obtain protected information for the purposes of this Act (see subsection 351(1)).

Note 3:

For protected information see subsection 3(1).

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