Customs Act 1901

PART XIII - PENAL PROVISIONS  

Division 2 - Penalties  

SECTION 233BABAF   USING INFORMATION HELD BY THE COMMONWEALTH  

Using information to commit offence

233BABAF(1)    
A person commits an offence if:

(a) the person obtains information; and

(b) the information is restricted information; and

(c) the person uses the information to commit an offence against a law of the Commonwealth, a State or a Territory.

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

233BABAF(2)    
In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the offence was an offence against a law of the Commonwealth, a State or a Territory.

Disclosing information to another person

233BABAF(3)    
A person commits an offence if:

(a) the person obtains information; and

(b) the information is restricted information; and

(c) the person discloses the information to another person; and

(d) the person is not authorised or required under:

(i) this Act; or

(ii) the Australian Border Force Act 2015 ;

to make that disclosure.

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

233BABAF(4)    

In this section:

restricted information
means information:

(a) held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Acts; and

(b) to which access is restricted by an access control system associated with a function of the computer.