50Prohibition on use or disclosure of protected information

50 Prohibition on use or disclosure of protected information

(1) A person contravenes this subsection if: (a) the person is, or has been, an entrusted person; and (b) the person has obtained information in the person’s capacity as an entrusted person; and (c) the information is protected information; and (d) the person uses or discloses the information. (2) Subsection (1) does not apply if the use or disclosure is authorised by: (a) this Act or the rules; or (b) any other law of the Commonwealth.

Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault‑based offence (3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.

Penalty: 300 penalty units.

Strict liability offence (4) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 300 penalty units.