77Protection of confidentiality of information

77 Protection of confidentiality of information

(1) A person who obtains information in the course of performing functions or exercising powers under this Act or the Transitional Act must not: (a) make a record of the information; or (b) use the information; or (c) disclose the information.

Penalty: Imprisonment for 1 year.

(2) Subsection (1) does not apply if: (a) the information is recorded, used or disclosed for the purposes of performing functions or exercising powers under this Act or the Transitional Act; or (b) the information is recorded, used or disclosed in accordance with a provision of this Act or the Transitional Act; or (c) the information is recorded, used or disclosed with the consent of the entity that provided the information; or (d) the information is given to a court or tribunal.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.

(3) A person commits an offence if: (a) information is made available to a government body or to an intelligence or security agency under section 62; and (b) a person obtains the information in the course of performing functions or exercising powers for the body or agency; and (c) the person would not have had access to the information if it had not been made available to the body or agency under section 62; and (d) the person records, uses or discloses the information for a purpose other than that for which it was made available; and (e) the person is reckless as to whether the purpose for which the information is recorded, used or disclosed is that for which it was made available.

Penalty: Imprisonment for 6 months.

Note: Where a fault element for a physical element of an offence is not stated, see section 5.6 of the Criminal Code for the appropriate fault element.

(4) Subsection (3) does not apply if: (a) the person discloses the information to another person; and (b) the disclosure is reasonably necessary for: (i) the enforcement of the criminal law; or (ii) the enforcement of a law imposing a pecuniary penalty; or (iii) the protection of the public revenue.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.

(5) Subsections (1) and (3) are not intended to have an operation that would infringe an implied constitutional immunity of a referring/adopting State.