190Offence to disclose certain information

190 Offence to disclose certain information (a) the person obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; and (b) the information is confidential and the person is reckless in relation to that circumstance; and (c) the person intentionally engages in conduct; and (d) the conduct results in the disclosure of the information and the disclosure is not: (i) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or (ii) to a person who is otherwise entitled to the information; and

Burial and Cremation Act 2022 100 (e) the person is reckless in relation to the result and circumstance referred to in paragraph (d). (3) If the information referred to in subsection (1) relates to a person, it is a defence to a prosecution for an offence against that subsection if the person has consented to the disclosure of the information. In addition to the circumstances mentioned in subsection (3), a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).