714Offence for unauthorised use of confidential information

714 Offence for unauthorised use of confidential information

(1) A relevant person must not use confidential information obtained by that person under this Part about a person except—

(a) for the purposes of performing official duties; or

(b) if the information was obtained under section 708, for a purpose referred to in section 708(a) or (b).

In the case of a body corporate, 120 penalty units.

(2) A panel member must not use confidential information obtained by the panel member under this Part about a person except for in the performance of a function or exercise of a power under Chapter 14.

(3) It is a defence to a charge under subsection (1) or (2) if the relevant person or panel member used or disclosed the confidential information in good faith and with reasonable care.

(4) Subsection (1) does not apply to a use of confidential information that is—

(a) made to a court in the course of legal proceedings or pursuant to a court order; or

(b) required for the purposes of law enforcement or investigation; or

(c) made to a legal practitioner for the purposes of obtaining legal advice; or

(d) made as required, authorised or permitted by or under this Act, or any other Act or law.

(5) Subsection (2) does not apply to a disclosure of confidential information that is made as required, authorised or permitted by or under Chapter 14.

Part 15.2—Sharing of terrorism risk information