36Offences—use or divulge protected information

36 Offences—use or divulge protected information (1) A person to whom this section applies commits an offence if— (a) the person uses information; and (b) the information is protected information; and

Protected information Part 5A Section 36 R22 18/09/24 Auditor-General Act 1996 Effective: 18/09/24 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the person is reckless about whether the information is protected information. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) A person to whom this section applies commits an offence if— (a) the person does something that divulges information; and (b) the information is protected information; and (c) the person is reckless about whether— (i) the information is protected information; and (ii) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) This section does not apply if the information is used or divulged— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or (c) in a court proceeding. (4) This section does not apply to the using or divulging of protected information— (a) if the protected information is about a person—with the person’s consent; or (b) in accordance with a disclosure direction; or Note Disclosure direction—see s 36A.