Surrogacy Act 2022

A person commits an offence if:

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

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

the person intentionally engages in conduct; and

the conduct results in the disclosure of the information and the disclosure is not:

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

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.

Strict liability applies to subsection (1)(a).

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 has consented to the disclosure of the information.

Note for subsection (3)

The defendant has an evidential burden in relation to the matters required under this subsection (see section 43BU of the Criminal Code).

Note for section 53

In addition to the circumstances specified in this section, a person who discloses information specified 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).