Unauthorised access to, use of or disclosure of data or information
50 Unauthorised access to, use of or disclosure of data or information
A person must not, without reasonable excuse, access, use or disclose any data or information obtained by the person under this Act other than—
in accordance with this Act; or
in connection with the performance of functions under this Act.
Penalty: 240 penalty units or 2 years imprisonment or both.
Without limiting what may be a reasonable excuse, it is a reasonable excuse if the access, use or disclosure was made—
in good faith for the purposes of this Act; or
with the consent of the person to whom the information relates; or
to a court or tribunal in the course of legal proceedings; or
pursuant to an order of a court or tribunal; or
to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth; or
to an Australian legal practitioner for the purpose of obtaining legal advice or representation; or
as required or authorised by or under this Act or any other Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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