43Secrecy

43 Secrecy

(1) A person commits an offence if: (a) the person is, or has been, an official of the Regulator; and (b) the person has obtained protected information in the person’s capacity as an official of the Regulator; and (c) the person: (i) discloses the information to another person; or (ii) uses the information.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Exceptions (2) Each of the following is an exception to the prohibition in subsection (1): (a) the disclosure or use is authorised by a provision of this Part; (b) the disclosure or use is in compliance with a requirement under: (i) a law of the Commonwealth; or (ii) a prescribed law of a State or a Territory.

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

(3) Except where it is necessary to do so for the purposes of giving effect to a climate change law or a biodiversity law, an official of the Regulator is not to be required: (a) to produce to a court or tribunal a document containing protected information; or (b) to disclose protected information to a court or tribunal.