Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 7 - MISCELLANEOUS  

PART 7-1 - SECRECY  

Division 150 - Secrecy  

Subdivision 150-B - Disclosure of protected ACNC information by ACNC officers  

SECTION 150-25   OFFENCE - DISCLOSURE OR USE OF PROTECTED ACNC INFORMATION  

150-25(1)    
An entity commits an offence if:

(a)    the entity is, or has been, an ACNC officer; and

Note: This Division applies to certain other entities in the same way as it applies to ACNC officers (see section 150-10 ).

(b)    the entity has acquired protected ACNC information in the entity ' s capacity as an ACNC officer; and

(c)    the entity:

(i) discloses the information to another entity, other than an entity covered by subsection (2) ; or

(ii) uses the information.

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

150-25(2)    
This subsection covers the following entities:

(a)    the entity to whom the information relates;

(b)    if the entity to whom the information relates has an agent in relation to the information - the agent;

(c)    if the entity to whom the information relates is a registered entity - a responsible entity of that registered entity.

150-25(3)    
Subdivision 150-C provides for exceptions to the prohibition in subsection (1) .

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