174Prohibition on disclosing information covered by secrecy provision

174 Prohibition on disclosing information covered by secrecy provision

Fault‑based offence

(1) A person commits an offence if:

(a) the person discloses information; and

(b) the information is covered by a determination made under subsection 172(1); and

(c) the person is, or has been, covered by subsection (3) of this section in relation to the information; and

(d) the disclosure of the information prejudices, or could reasonably be expected to prejudice:

(i) the stability of the cash distribution system; or

(ii) the continuity of one or more cash distribution services that are critical to the availability of cash in Australia.

Penalty:

(a) for a body corporate—2,400 penalty units; and

(b) for an individual—imprisonment for 2 years or 240 penalty units, or both.

Civil penalty provision

(2) A person is liable to a civil penalty if:

(a) the person discloses information; and

(b) the information is covered by a determination made under subsection 172(1); and

(c) the person is, or has been, covered by subsection (3) of this section in relation to the information.

Civil penalty:

(a) for a body corporate—the greater of:

(i) 50,000 penalty units; and

(ii) if the court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3; and

(b) for an individual—the greater of:

(i) 5,000 penalty units; and

(ii) if the court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3.

Relevant persons

(3) A person is covered by this subsection in relation to information covered by a determination made under subsection 172(1) if the person is:

(a) the body corporate to which the determination relates; or

(b) at or after the time when the Reserve Bank gave the direction or information, any of the following of the body corporate to which the determination relates:

(i) an officer;

(ii) an employee;

(iii) a contractor;

(iv) a statutory manager (other than the Reserve Bank); or

(c) a person who, because of the person’s employment or engagement, or in the course of that employment or engagement, has obtained information covered by the determination.

Exception

(4) Subsection (1) or (2) does not apply if:

(a) the disclosure is in relation to information that has already been lawfully made available to the public; or