19Offences relating to information obtained or generated in applying for a certificate

19 Offences relating to information obtained or generated in applying for a certificate

(1) A person commits an offence if: (a) the person: (i) is given information in response to a notice given or purportedly given under subsection 18(3); or (ii) otherwise obtains or generates information for the purposes of obtaining a building energy efficiency certificate; and (b) the person does any of the following: (i) copies, or makes a record of, the information; (ii) uses the information; (iii) discloses the information to any person.

Penalty: Imprisonment for 2 years.

(2) Subsection (1) does not apply if: (a) the information is copied, recorded, used or disclosed for the purposes of obtaining a building energy efficiency certificate; or (b) the information is copied, recorded, used or disclosed in, or in connection with, an audit conducted under Part 4; or (c) the information is copied, recorded, used or disclosed in circumstances in which the conduct is permitted, either expressly or by implication, under this Act; or (d) the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) that relates to this Act; or (e) the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against section 149.1 of the Criminal Code (obstruction of Commonwealth public officials) that relates to this Act; or (f) the information is copied, recorded, used or disclosed with the consent of: (i) in the case of information given in response to a notice given or purportedly given under subsection 18(3)—the person who gave the information; and (ii) in the case of information otherwise obtained for the purposes of obtaining a building energy efficiency certificate—the person from whom the information was obtained; and (iii) in the case of information generated for the purposes of obtaining a building energy efficiency certificate—the person on whose behalf the accredited assessor made an application for the certificate; or (g) the information is already publicly available.

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