68Secrecy relating to directions

68 Secrecy relating to directions

(1) A person commits an offence if: (a) the Regulator has given an accountable entity (the directed accountable entity) a direction under section 64 or 65; and (b) the direction is covered by a determination under subsection 67(2); and (c) the person is, or has been, covered by subsection (2) of this section in relation to the direction; and (d) the person discloses information; and (e) the information reveals the fact that the direction was given.

Penalty: Imprisonment for 2 years.

(2) A person is covered by this subsection in relation to the direction if the person is: (a) the directed accountable entity; or (b) a significant related entity of the directed accountable entity; or (c) at or after the time when the Regulator gave the direction, an officer, employee or contractor of the directed accountable entity or of a significant related entity of the directed accountable entity; or (d) any other person who, because of their employment, or in the course of that employment, has acquired information that reveals the fact that the direction was given. Exception (3) Subsection (1) does not apply if: (a) the disclosure is authorised by section 69, 70, 71, 72, 73, 74, or 75; or (b) the disclosure is required by an order or direction of a court or tribunal.

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