46Protection of confidentiality of information

46 Protection of confidentiality of information

(1) This section restricts what a person (the entrusted person) may do with protected information, or protected documents, that the person has obtained in the course of official employment. (2) The entrusted person:

(a) must not make a record of protected information; and

(b) must not disclose it to anyone else;

if the recording or disclosure is not in accordance with subsection (3).

Penalty: Imprisonment for 2 years.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3) It is not an offence against subsection (2) if any of the following apply to the recording or disclosure:

(a) the recording or disclosure is for the purposes of this Act;

(b) the recording or disclosure happens in the course of the performance of the duties of the entrusted person’s official employment;

(c) the entrusted person is the Commissioner or a Deputy Commissioner and the disclosure is to:

(i) the Chief Executive Officer of Customs; or

(ii) the Australian Statistician and is of information to be used for the purposes of the Census and Statistics Act 1905; or

(iii) another person for the purpose of that other person carrying out functions under a taxation law; or

(iv) the Administrative Appeals Tribunal in connection with proceedings under a taxation law;

(d) the disclosure is by a person authorised by the Commissioner or a Deputy Commissioner to disclose the information and the disclosure is to:

(i) the Chief Executive Officer of Customs; or

(ii) the Australian Statistician and is of information to be used for the purposes of the Census and Statistics Act 1905; or

(iii) another person for the purpose of that other person carrying out functions under a taxation law.

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

(4) Subsection (3) does not authorise the disclosure of information to a Minister. (5) Unless it is necessary for the purposes of this Act, the entrusted person is not to be required:

(a) to produce any protected document to a court; or

(b) to disclose protected information to a court.

(6) In this section:

disclose means divulge or communicate.

official employment means:

(a) appointment or employment by the Commonwealth, or the performance of services for the Commonwealth; or