90Offence relating to protected information

#### 90 Offence relating to protected information (1) A person commits an offence if: (a) the person obtains information; and (b) the information is protected information; and (c) the person makes a record of, or discloses or otherwise uses, the information. Penalty: Imprisonment for 2 years. > Note 1: Chapter 2 of the Criminal Code sets out the principles of criminal responsibility. > Note 2: For defences to this offence, see sections 91 and 92. (2) Subsection (1) does not apply if the record, disclosure or other use is authorised by this Division. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. (3) A document that contains protected information is an exempt document for the purposes of section 38 of the Freedom of Information Act 1982.