46WIntentional or reckless unauthorised use and disclosure of confidential information contained in the Register

46W Intentional or reckless unauthorised use and disclosure of confidential information contained in the Register

(1) An authorised person must not use or disclose confidential information contained in the Register in a manner that is unauthorised under this Part and that the person—

(a) knows is unauthorised under this Part; or

(b) is reckless as to whether the use or disclosure of the information is authorised under this Part.

Penalty: In the case of a natural person, 600 penalty units or imprisonment for 5 years or both;

In the case of a body corporate, 3000 penalty units.

(2) Subsection (1) does not apply to the following uses and disclosures of confidential information—

(b) if the information relates to a person who is incapable of giving consent to the use or disclosure, a use or disclosure made with the consent of the person's authorised representative;

(e) a use or disclosure made to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth;

Division 7—Review of operation of Part

S. 46X inserted by No. 11/2018 s. 10.