151Prohibition on entrusted persons using or disclosing certain kinds of protected information

151 Prohibition on entrusted persons using or disclosing certain kinds of protected information

Offence (1) A person commits an offence if: (a) the person is or has been an entrusted person; and (b) the person obtains protected information in the course of, or for the purposes of, performing functions or exercising powers under this Act; and (c) the person uses or discloses the information; and (d) either of the following applies: (i) the information is personal information about an individual; (ii) there is a risk that the use or disclosure might substantially prejudice the commercial interests of another person.

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

(2) An entrusted person means: (a) the Digital ID Regulator; or (b) a member of the Commission (within the meaning of the Competition and Consumer Act 2010); or (c) an associate member of the Australian Competition and Consumer Commission; or (d) a member of the staff of the Australian Competition and Consumer Commission; or (e) a person engaged under section 27A of the Competition and Consumer Act 2010; or (f) the System Administrator; or (g) a person referred to in section 16 of the Human Services (Centrelink) Act 1997. Exception—authorised use or disclosure (3) Subsection (1) does not apply if the use or disclosure is authorised by section 152 (authorised uses and disclosures).

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

Definition of protected information (4) Protected information means information that was disclosed or obtained under or for the purposes of this Act.