82Use or disclosure of protected information

82 Use or disclosure of protected information

(1) A person commits an offence if: (a) protected information has been disclosed to, or obtained by, the person; and (b) the protected information has been disclosed to, or obtained by, the person in his or her capacity as a person assisting small business/family enterprise; and (c) the person: (i) discloses the information to another person; or (ii) uses the information.

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

Exceptions (2) Each of the following is an exception to the prohibition in subsection (1): (a) the disclosure or use is authorised by a provision of this Act or a legislative instrument under this Act; (b) the disclosure or use is in compliance with a requirement under: (i) a law of the Commonwealth; or (ii) a law of a State or a Territory.

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) Except where it is necessary to do so for the purposes of giving effect to this Act or a legislative instrument under this Act, a person assisting small business/family enterprise 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.