46Unauthorised use or disclosure

46 Unauthorised use or disclosure

Fault‑based offence (1) A person commits an offence if: (a) the person is or was an entrusted person; and (b) the person obtains protected information in the person’s capacity as an entrusted person; and (c) the person uses or discloses the information; and (d) the use or disclosure is not authorised by a provision of this Part.

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

Exception for use or disclosure in good faith (2) Subsection (1) does not apply to a person to the extent that the person uses or discloses protected information in good faith and in purported compliance with a provision in this Part.

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