16AAOffence of unauthorised use of information

#### 16AA Offence of unauthorised use of information (1) A person commits an offence if: (a) the person: (i) makes a record of information; or (ii) communicates information to a person; or (iii) otherwise makes use of information; and (b) at the time the person does so, the person is not a person to whom this section applies (within the meaning of subsection 16(1)); and (c) the information is relevant information. Penalty: Imprisonment for 1 year. (2) If: (a) the relevant information was communicated to a person under subsection 16(4G); and (b) that person makes a record of, or communicates, the information for the purpose of a proceeding under section 113A; subsection (1) of this section does not apply to any further recording, communication or use of that information by a person who is not a person to whom this section applies. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) In this section: > relevant information means: (a) information about a person obtained from the records of: (i) the Department; or (ii) the Human Services Department within the meaning of this Act as in force at any time; or (iii) the former Child Support Agency; or (b) information to the effect that there is no information about a person held in the records of the Department, the Human Services Department or the former Child Support Agency.