17Section 23, definition of warrant

17 Section 23, definition of warrant omit subdivision 3.2.3 division 3.3 18 Subdivisions 3.2.2 to 3.2.5 renumber as divisions 3.2 to 3.5 19 New sections 43A and 43B in part 4, insert 43A Use and disclosure of protected information (1) A person commits an offence if— (a) the person exercises, or has exercised, a function under this Act; and (b) the person uses information; and (c) the information is protected information about someone else; and (d) the person is reckless about whether the information is protected information about someone else. (2) A person commits an offence if— (a) the person exercises, or has exercised, a function under this Act; and (b) the person does something that discloses information; and

(c) the information is protected information about someone else; and (d) the person is reckless about whether— (i) the information is protected information about someone else; and (ii) doing the thing would result in the information being disclosed to someone else. (3) Subsections (1) and (2) do not apply if the person uses or discloses protected information about someone else (the protected person)— (a) under this Act or another law applying in the ACT; or (b) in relation to the exercise of a function under this Act or another law applying in the ACT; or (c) in a court proceeding; or (d) with the protected person’s consent. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) A person need not disclose protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the ACT. (5) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. disclose includes communicate or publish. produce includes allow access to.

A2026-10 Fuel Legislation Amendment Act 2026 page 11 protected information means information about a person that is disclosed to, or obtained by, another person because of the exercise of a function under this Act by the other person or someone else. use, in relation to information, includes make a record of the information.