77Offences—use or divulge protected information

77 Offences—use or divulge protected information (1) A person commits an offence if— (a) the person uses information; and (b) the information is protected information about someone else; and

Information sharing Part 10 Information sharing—protected information Division 10.2 Section 77 R5 23/02/26 Professional Engineers Act 2023 Effective: 23/02/26 page 55 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the person is reckless about whether the information is protected information about someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) A person commits an offence if— (a) the person does something that divulges information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether— (i) the information is protected information about someone else; and (ii) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsections (1) and (2) do not apply— (a) if the information is used or divulged— (i) under this Act, another territory law, or another law in force in the Territory; or (ii) in relation to the exercise of a function by a public official under this Act or another territory law; or (iii) in a court proceeding; or (b) to the using or divulging of protected information about a person with the person’s consent. (4) A public official need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law in force in the Territory.