15Protection of information

15 Protection of information

(1) A person commits an offence if: (a) the person is or was an AusCheck staff member; and (b) when the person is or was an AusCheck staff member, the person obtained information relating to the AusCheck scheme; and (c) the person discloses the information to someone else.

Penalty: Imprisonment for 2 years.

(1A) A person commits an offence if: (a) the person obtains information; and (b) the information is AusCheck scheme personal information; and (c) the person discloses the information to someone else.

Penalty: Imprisonment for 2 years.

(2) Each of the following is an exception to subsection (1) or (1A): (a) a disclosure for the purposes of the AusCheck scheme; (b) if the information is AusCheck scheme personal information—a disclosure with the consent of the individual to whom the AusCheck scheme personal information relates; (c) if the information is AusCheck scheme personal information—a disclosure to the individual to whom the AusCheck scheme personal information relates; (ca) if the information is AusCheck scheme personal information—a disclosure that is: (i) taken to be authorised under section 13; or (ii) authorised under section 14; or (iii) required or authorised by or under another law; (d) a disclosure to the Australian Federal Police for the purposes of the AusCheck scheme; (e) if the information is AusCheck scheme personal information—a disclosure to an officer of customs (within the meaning of the Customs Act 1901) for the purposes of assisting in the performance of the officer’s functions, or the exercise of the officer’s powers, under that Act.

Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

(3) If a disclosure of information is covered by subsection (2), the disclosure is authorised by this section. (4) A person who is or was an AusCheck staff member is not to be required to disclose information relating to the AusCheck scheme to a court, except: (a) where it is necessary to do so for the purposes of giving effect to this Act or the AusCheck scheme; or (b) for the purposes of a criminal proceeding for an offence against this Act or regulations under this Act (including a proceeding to determine whether a person should be tried for an offence). For this purpose, court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. (5) In this section:

information includes, but is not limited to, AusCheck scheme personal information.