20Secrecy

20 Secrecy

Offence (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 his or her capacity as an entrusted person; and (c) the information is protected information; and (d) the person: (i) makes a record of the information; or (ii) uses the information; or (iii) discloses the information to another person.

Penalty: Imprisonment for 2 years.

Exceptions (2) Subsection (1) does not apply if: (a) the conduct is authorised by: (i) this Act or another law of the Commonwealth; or (ii) a law of a State or Territory prescribed by the rules; or (b) the conduct is in compliance with a requirement under: (i) this Act or another law of the Commonwealth; or (ii) a law of a State or a Territory prescribed by the rules. (3) Subsection (1) does not apply if: (a) the person makes a record of, discloses or otherwise uses information; and (b) the information is commercial‑in‑confidence; and (c) the person does not know that the information is commercial‑in‑confidence.

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

Implied freedom of political communication (4) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.