Unlawful disclosures—business activities
12 Unlawful disclosures—business activities
A person is guilty of an offence if—
the person, in the course of carrying on a business that includes or involves the provision of information about convictions for offences, discloses information about a spent conviction; and
the person knew, or ought reasonably have known, at the time of the disclosure, that the information was about a spent conviction. Maximum penalty: Maximum penalty: $10 000.
It is a defence to a charge for an offence against subsection (1) to prove—
that the disclosure forms part of the ongoing disclosure of the information in materials or in a manner that cannot be reasonably altered to remove information about the spent conviction; and
that the disclosure of the information commenced before the conviction became a spent conviction.
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