133No dealing with accessed information etc.

133 No dealing with accessed information etc.

(1) A person commits an offence if: (a) the person: (i) communicates information to another person; or (ii) makes use of information; or (iii) makes a record of information; or (iv) gives information in evidence in a proceeding; and (b) the information is: (i) lawfully accessed information; or (ii) information obtained by accessing a stored communication in contravention of subsection 108(1); or (iia) preservation notice information; or (iii) stored communications warrant information.

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

(2) Subsection (1) does not apply to conduct permitted under this Part or section 299.

Note 1: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Note 2: The civil remedy provisions in Part 3‑7 may apply to a contravention of this section.