61NBUnauthorised disclosure of protected information

#### 61NB Unauthorised disclosure of protected information Offence (1) A person commits an offence if: (a) the person discloses protected information; and (b) the person is or was: (i) a licensed interactive wagering service provider; or (ii) an employee of a licensed interactive wagering service provider; or (iii) a contracted service provider of a licensed interactive wagering service provider; or (iv) an employee of a contracted service provider of a licensed interactive wagering service provider; or (v) the Register operator; or (vi) an employee of the Register operator; or (vii) a contracted service provider of the Register operator; or (viii) an employee of a contracted service provider of the Register operator; or (ix) an ACMA official; or (x) the Secretary of a Department; or (xi) an APS employee in a Department; and (c) the information has come to the person’s knowledge, or into the person’s possession: (i) if the person is or was a licensed interactive wagering service provider—in connection with the person’s capacity as such a provider; or (ii) if the person is or was an employee of a licensed interactive wagering service provider—because the person is or was employed by the provider in connection with its business as such a provider; or (iii) if the person is or was a contracted service provider of a licensed interactive wagering service provider—in connection with the person’s business as such a contracted service provider; or (iv) if the person is or was an employee of a contracted service provider of a licensed interactive wagering service provider—because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or (v) if the person is or was the Register operator—in connection with the person’s capacity as the Register operator; or (vi) if the person is or was an employee of the Register operator—because the person is or was employed by the Register operator in connection with its business as the Register operator; or (vii) if the person is or was a contracted service provider of the Register operator—in connection with the person’s business as such a contracted service provider; or (viii) if the person is or was an employee of a contracted service provider of the Register operator—because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or (ix) if the person is or was an ACMA official—in connection with the person’s capacity as an ACMA official; or (x) if the person is or was the Secretary of a Department—in connection with the person’s capacity as the Secretary of that Department; or (xi) if the person is or was an APS employee in a Department—in connection with the person’s capacity as an APS employee in that Department. Penalty: 120 penalty units. Civil penalty provision (2) A person must not disclose protected information if: (a) the person is or was: (i) a licensed interactive wagering service provider; or (ii) an employee of a licensed interactive wagering service provider; or (iii) a contracted service provider of a licensed interactive wagering service provider; or (iv) an employee of a contracted service provider of a licensed interactive wagering service provider; or (v) the Register operator; or (vi) an employee of the Register operator; or (vii) a contracted service provider of the Register operator; or (viii) an employee of a contracted service provider of the Register operator; or (ix) an ACMA official; or (x) the Secretary of a Department; or (xi) an APS employee in a Department; and (b) the information has come to the person’s knowledge, or into the person’s possession: (i) if the person is or was a licensed interactive wagering service provider—in connection with the person’s capacity as such a provider; or (ii) if the person is or was an employee of a licensed interactive wagering service provider—because the person is or was employed by the provider in connection with its business as such a provider; or (iii) if the person is or was a contracted service provider of a licensed interactive wagering service provider—in connection with the person’s business as such a contracted service provider; or (iv) if the person is or was an employee of a contracted service provider of a licensed interactive wagering service provider—because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or (v) if the person is or was the Register operator—in connection with the person’s capacity as the Register operator; or (vi) if the person is or was an employee of the Register operator—because the person is or was employed by the Register operator in connection with its business as the Register operator; or (vii) if the person is or was a contracted service provider of the Register operator—in connection with the person’s business as such a contracted service provider; or (viii) if the person is or was an employee of a contracted service provider of the Register operator—because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or (ix) if the person is or was an ACMA official—in connection with the person’s capacity as an ACMA official; or (x) if the person is or was the Secretary of a Department—in connection with the person’s capacity as the Secretary of that Department; or (xi) if the person is or was an APS employee in a Department—in connection with the person’s capacity as an APS employee in that Department. Civil penalty: 180 penalty units. Exceptions (3) Subsections (1) and (2) do not apply if the disclosure was authorised by or under: (a) subsection (4), (6) or (7); or (b) section 61NC; or (c) section 61ND; or (d) section 61NE; or (e) section 61NF; or (f) section 61NG; or (g) section 61NH; or (h) Australian Privacy Principle 12; or (i) Part V of the Freedom of Information Act 1982. > Note 1: In a prosecution for an offence against subsection (1), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). > Note 2: In proceedings for a civil penalty order for a contravention of subsection (2), a defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act). Authorised disclosure—general (4) A person covered by paragraph (1)(b) or (2)(a) may disclose protected information: (a) in connection with the administration or execution of this Part; or (b) for the purposes of ensuring that a licensed interactive wagering service provider complies with this Part; or (c) for the purposes of: (i) any legal proceedings arising out of or otherwise related to this Part; or (ii) any report of any such proceedings; or (d) in accordance with any requirement imposed by a law of the Commonwealth, a State or a Territory; or (e) in connection with the performance of functions, or the exercise of powers, by: (i) the Register operator; or (ii) the ACMA; or (f) for the purpose of obtaining legal advice in relation to this Part. (5) For the purposes of subsection (4), this Part includes: (a) the Register rules; and (b) any other provision of this Act, so far as that other provision relates to this Part or the Register rules; and (c) the Regulatory Powers Act, so far as that Act relates to this Part; and (d) the National Self‑exclusion Register (Cost Recovery Levy) Act 2019. Authorised disclosure—consent (6) A person covered by paragraph (1)(b) or (2)(a) may disclose protected information that is personal information that relates to an individual if: (a) the individual has consented to the disclosure; and (b) the disclosure is in accordance with that consent. Authorised disclosure—information derived from protected information (7) The ACMA may disclose personal information derived from protected information if the personal information is de‑identified information (within the meaning of the Privacy Act 1988). Offence—extended geographical jurisdiction (8) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).