43Disclosing identifying information

43 Disclosing identifying information

(1) A person commits an offence if: (a) the person’s conduct causes disclosure of identifying information; and (b) the disclosure is not a permitted disclosure.

Penalty: Imprisonment for 2 years, or 120 penalty units, or both.

(1A) If: (a) a disclosure of identifying information is made to a person who is not an entrusted person; and (b) the disclosure is a permitted disclosure; this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.

Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

Note 2: Australian Privacy Principle 6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.

(1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).

(2) A permitted disclosure is a disclosure that: (b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or (c) is for the purpose of administering or managing the storage of identifying information; or (d) is for the purpose of making the identifying information in question available to the person to whom it relates; or (da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or (e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or (ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or (eb) is required by an Australian law; or (f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or (g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or (h) takes place with the written consent of the person to whom the identifying information in question relates.