308Offence to disclose certain information

308 Offence to disclose certain information (1) A person commits an offence if: (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) required or authorised under an Act; or (ii) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or (iii) to a person who is otherwise entitled to the information; and (e) the person is reckless in relation to the result and circumstance referred to in paragraph (d). (2) Strict liability applies to subsection (1)(a). (3) If the information referred to in subsection (1) relates to one or more persons, it is a defence to a prosecution for an offence against that subsection if each person to whom the information relates has consented to the disclosure of the information. Note for subsection (3) In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section 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).