36Unauthorised disclosure of confidential information

36 Unauthorised disclosure of confidential information (a) the person obtains information in the course of performing functions connected with the administration of this Act; and (b) the person intentionally engages in conduct; and (c) the conduct results in the disclosure of the information and the person is reckless in relation to the result. (2) Strict liability applies to subsection (1)(a). (3) Subsection (1) does not apply if: (a) the person discloses the information: (i) for the administration of this Act; or (ii) with the consent of the person to whom the information relates; or (iii) for legal proceedings arising out of the operation of this Act; or (iv) in a statistical form that does not identify the person to whom the information relates; or Fisheries Act 1988 51 (b) the information is otherwise available to the public. Note for subsection (3) In addition to the circumstances mentioned in subsection (3), a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).