Offence to disclose certain information
107 Offence to disclose certain information
A person commits an offence if:
the person is a member of the Development Consent Authority; and
(b) the person obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; and
(c) the information is confidential and the person is reckless in relation to that circumstance; and
the person intentionally engages in conduct; and
(e) the conduct results in the disclosure of the information and the disclosure is not:
(i) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or
to a person who is otherwise entitled to the information; and
(f) the person is reckless in relation to the result and circumstance specified in paragraph (e).
Maximum penalty: 50 penalty units or imprisonment for 6 months.
Strict liability applies to subsection (1)(a) and (b).
(3) If the information mentioned in subsection (1) relates to a person, it is a defence to a charge for an offence against that subsection if the person has consented to the disclosure of the information.
Example for subsection (3)
A person to whom the information relates includes a person who has a direct interest in the information remaining confidential because the information is financial, commercial, personal or cultural information.
Note for subsection (3)
In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).
This Act’s bill:Second reading speech
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