272Offence to disclose confidential information

272 Offence to disclose confidential information (a) the person obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; and (b) the information is confidential and the person is reckless in relation to that circumstance; and (c) the person intentionally engages in conduct; and (d) the conduct results in the disclosure of the information and the disclosure is not authorised under subsection (3); and (e) the person is reckless in relation to the result and circumstance referred to in paragraph (d). Maximum penalty: 200 penalty units or imprisonment for 2 years. (2) Strict liability applies to subsection (1)(a). (3) For subsection (1)(d), disclosure of information is authorised if disclosed: (a) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or

Racing and Wagering Act 2024 128 (b) to the Auditor General appointed under the Audit Act 1995; or (c) to the Commissioner appointed under the Taxation Administration Act 2007; or (d) to a person or body responsible for regulating wagering in another jurisdiction with whom the Commission has an arrangement for the sharing of information; or (e) for a purpose connected with the enforcement of the Criminal Code or a law of a State, another Territory or the Commonwealth related to misconduct in the racing or wagering industry; or (f) to a person who is otherwise entitled to the information. (4) If the information referred to in subsection (1) relates to a person, it is a defence to a prosecution for an offence against that subsection if the person consented to the disclosure of the information. Note for section 272 In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).