148Confidentiality of information

148 Confidentiality of information (1) A person commits an offence if the person: (a) obtains information in the course of performing functions connected with the administration of this Act; and (b) intentionally engages in conduct; and (c) the conduct results in the disclosure or use of the information or a record being made of the information. Maximum penalty: 400 penalty units or imprisonment for 2 years. (2) Strict liability applies to subsection (1)(a). (3) Subsection (1) does not apply if: (a) the person discloses, uses or makes a record of the (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

Information Act 2002 92 (b) the information is otherwise available to the public. Note for subsection (3) In addition to the circumstances mentioned in section 148(3), a person who discloses confidential information or uses, or makes a record of, confidential information will not be criminally responsible for an offence if disclosing, using, or making a record of, the information is justified or excused by or under a law (see section 43BE of the Criminal Code).