72Secrecy

72 Secrecy

(1) A person commits an offence if: (a) the person is, or has been, an entrusted person; and (b) the person discloses or otherwise uses information; and (c) the information is protected information.

Penalty: Imprisonment for 2 years.

(2) Subsection (1) does not apply in relation to a disclosure or use of protected information if the disclosure or use: (a) is for the purposes of this Act or the rules; or (b) is for the purposes of the performance of the functions of the CEO or the exercise of the CEO’s powers; or (c) is for the purposes of, or in connection with, the performance or exercise of the person’s functions, duties or powers in the person’s capacity as an entrusted person; or (d) is in accordance with the rules prescribed for the purposes of this paragraph.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.

(3) Subsection (1) does not apply in relation to a disclosure or use of protected information if: (a) the person to whom the protected information relates has consented to the disclosure or use; and (b) the disclosure or use is in accordance with that consent.

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

(4) Subsection (1) does not apply in relation to a disclosure of protected information if it has already been lawfully made available to the public.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.

(5) Except where it is necessary to do so for the purposes of giving effect to this Act or the rules, a person is not to be required: (a) to produce a document containing protected information to a court; or (b) to disclose protected information to a court.