CTHIn ForceAct
Australian Charities and Not-for-profits Commission Act 2012
150‑25 Offence—disclosure or use of prot150‑25 Offence—disclosure or use of protected ACNC information
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#### 150‑25 Offence—disclosure or use of protected ACNC information
(1) An entity commits an offence if:
(a) the entity is, or has been, an ACNC officer; and
Note: This Division applies to certain other entities in the same way as it applies to ACNC officers (see section 150‑10).
(b) the entity has acquired protected ACNC information in the entity’s capacity as an ACNC officer; and
(c) the entity:
(i) discloses the information to another entity, other than an entity covered by subsection (2); or
(ii) uses the information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(2) This subsection covers the following entities:
(a) the entity to whom the information relates;
(b) if the entity to whom the information relates has an agent in relation to the information—the agent;
(c) if the entity to whom the information relates is a registered entity—a responsible entity of that registered entity.
(3) Subdivision 150‑C provides for exceptions to the prohibition in subsection (1).
> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).