102Secrecy

102 Secrecy

(1) A person commits an offence if: (a) the person is, or has been, an entrusted official; and (b) the person has obtained protected information in the person’s capacity as an entrusted official; and (c) the person: (i) discloses the information to another person; or (ii) uses the information; and (d) the disclosure or use is not: (i) authorised by a provision of this Part; or (ii) in compliance with a requirement under a law of the Commonwealth; or (iii) in compliance with a designated law of a State or Territory.

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

Exceptions (2) Except where it is necessary to do so for the purposes of giving effect to this Act, an entrusted official is not to be required: (a) to produce to a court or tribunal a document containing protected information; or (b) to disclose protected information to a court or tribunal. Designated law (3) The legislative rules may declare that a specified law of a State or Territory is a designated law for the purposes of this section.