41WUnauthorised use or disclosure of protected information—official of Commonwealth entity

41W Unauthorised use or disclosure of protected information—official of Commonwealth entity

(1) A person contravenes this subsection if: (a) the person is, or has been, an official of a Commonwealth entity; and (b) the person has obtained relevant information in the person’s capacity as an official of the entity; and (c) the information is protected information that was disclosed to the entity under section 41G; and (d) the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.

Note: The physical elements of an offence against subsection (2) are set out in this subsection (see section 58F).

Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 2 years or 180 penalty units, or both.

Strict liability offence (3) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 360 penalty units.