National Consumer Credit Protection Act 2009

CHAPTER 5 - ADMINISTRATION  

PART 5-1 - MATTERS RELATING TO HANDLING RECORDS AND INFORMATION  

Division 1A - The Registrar  

Subdivision C - Disclosure of information  

SECTION 212M   PROTECTION OF CONFIDENTIALITY OF PROTECTED INFORMATION  

212M(1)    
A person (the first person ) commits an offence if:

(a)    the first person is, or has been, in official employment; and

(b)    the first person makes a record of information, or discloses information to another person; and

(c)    the information is protected information that was obtained by the first person in the course of the first person ' s official employment.

Penalty: Imprisonment for 2 years.

212M(2)    
However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3).

212M(3)    
The recording or disclosure is authorised by this subsection if:

(a)    the recording or disclosure is for the purposes of this Part; or

(b)    the recording or disclosure happens in the course of the performance of the duties of the first person ' s official employment; or

(c)    in the case of a disclosure - the disclosure is to another person for use, in the course of the performance of the duties of the other person ' s official employment, in relation to the performance or exercise of the functions or powers of a government entity; or

(d)    in the case of a disclosure to another person who is an employee of a State, a Territory or an authority of a State or Territory - the disclosure:

(i) is to the other person for use, in the course of the performance of the duties of that employment, in relation to the performance or exercise of the functions or powers of a government entity; and

(ii) is in accordance with an agreement, about regulating the provision of credit, between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory; or

(e)    in the case of a disclosure - each person to whom the information relates consents to the disclosure; or

(f)    in the case of a disclosure - the disclosure is in accordance with the disclosure framework.

Note:

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