Offence to disclose certain information
30 Offence to disclose certain information
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 consented to the disclosure of the 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).
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