Australian Charities and Not-for-profits Commission Act 2012
150‑55 Offence—on‑disclosure of protecte150‑55 Offence—on‑disclosure of protected ACNC information
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150‑55 Offence—on‑disclosure of protected ACNC information
(1) An entity commits an offence if: (a) the entity acquires protected ACNC information; and (b) the entity acquired the protected ACNC information otherwise than as an ACNC officer; and (c) the acquisition occurred because of a disclosure or use of the protected ACNC information under an exception in Subdivision 150‑C, or section 150‑60, for a purpose specified in that exception; and (d) the entity: (i) discloses the protected ACNC information to another entity (other than an entity covered by subsection (2)); or (ii) uses the protected ACNC 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) Sections 150‑60 and 150‑65 provide 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).