30Prohibition on recording or disclosure of, or access to, information by entrusted persons

30 Prohibition on recording or disclosure of, or access to, information by entrusted persons

Offence for recording or disclosing information (1) A person commits an offence if: (a) the person is, or has been, an entrusted person; and (b) the person has obtained protected information in the person’s capacity as an entrusted person; and (c) the person: (i) makes a record of the information; or (ii) discloses the information to another person.

Note: The fault element for the physical elements in paragraphs (a) and (b) is recklessness: see section 5.6 of the Criminal Code.

Penalty: Imprisonment for 2 years.

Offence for accessing information (2) A person commits an offence if: (a) the person is an entrusted person; and (b) the person accesses protected information.

Note: The fault element for the physical elements in paragraph (a) is recklessness: see section 5.6 of the Criminal Code.

Penalty: Imprisonment for 2 years.

Exceptions (3) Each of the following is an exception to the prohibition in subsection (1) or (2): (a) the conduct is authorised by a law of the Commonwealth or of a State or Territory; (b) the conduct is in compliance with a requirement under a law of the Commonwealth or of a State or Territory.

Note 1: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.

Note 2: For paragraph (3)(a), see also sections 31 to 35 which authorise conduct.

Definitions of entrusted person and protected information (4) In this Act:

entrusted person means:

(a) the Secretary; or
(b) an APS employee in the Department; or
(c) a person who is:
(i) an employee of an Agency (within the meaning of the Public Service Act 1999); or
(ii) an officer or employee of a State or Territory; or
(iii) an officer or employee of a government authority; or
(iv) an officer or employee of the government of a foreign country; or
(v) an officer or employee of an authority of a foreign country; or
(vi) an officer or employee of a public international organisation (within the meaning of section 70.1 of the Criminal Code);
and whose services are made available to the Department; or
(d) a contractor engaged to provide services to the Department in connection with an approved identity verification facility (whether the contractor is engaged directly by the Commonwealth or as a subcontractor); or
(e) an officer or employee of such a contractor whose duties relate wholly or partly to an approved identity verification facility.