Racing and Wagering Act 2024

(a) 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

(b) the information is confidential and the person is reckless in relation to that circumstance; and

(d) the conduct results in the disclosure of the information and the disclosure is not authorised under subsection (3); and

(e) the person is reckless in relation to the result and circumstance referred to in paragraph (d).

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(3) For subsection (1)(d), disclosure of information is authorised if disclosed:

(a) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or

(b) to the Auditor General appointed under the Audit Act 1995; or

(c) to the Commissioner appointed under the Taxation Administration Act 2007; or

(d) to a person or body responsible for regulating wagering in another jurisdiction with whom the Commission has an arrangement for the sharing of information; or

(e) for a purpose connected with the enforcement of the Criminal Code or a law of a State, another Territory or the Commonwealth related to misconduct in the racing or wagering industry; or

(4) If the information referred to in subsection (1) relates to a person, it is a defence to a prosecution for an offence against that subsection if the person consented to the disclosure of the information.

Note for section 272

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).