63Unauthorised use or disclosure of protected information

63 Unauthorised use or disclosure of protected information

(1) A person commits an offence 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.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(2) Subsection (1) does not apply if the use or disclosure is authorised by a provision of section 64.

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