Crimes Act 1914

Part IAAC - Account takeover warrants  

Division 5 - Restrictions on use and disclosure of information  

SECTION 3ZZVH   Unauthorised use or disclosure of protected information  

(1)    
A person commits an offence if:

(a)    the person uses or discloses information; and

(b)    the information is protected information.

Penalty: Imprisonment for 2 years.

(2)    
A person commits an offence if:

(a)    the person uses or discloses any information; and

(b)    the information is protected information; and

(c)    the use or disclosure of the information endangers the health or safety of any person or prejudices the effective conduct of an investigation into a relevant offence.

Penalty: Imprisonment for 10 years.

Exceptions

(3)    
Subsections (1) and (2) do not apply if the use or disclosure was:

(a)    in connection with the administration or execution of this Part; or

(b)    in connection with the functions of the Australian Federal Police under section 8 of the Australian Federal Police Act 1979 ; or

(c)    in connection with the functions of the ACC under section 7A of the Australian Crime Commission Act 2002 ; or

(d)    in connection with preventing, investigating or prosecuting an offence; or

(e)    by a person who believes on reasonable grounds that the use or disclosure is necessary to help prevent or reduce the risk of serious violence to a person or substantial damage to property; or

(f)    for the purposes of any legal proceedings arising out of or otherwise related to this Part or of any report of any such proceedings; or

(g)    for the purposes of obtaining legal advice in relation to this Part; or

(h)    in accordance with any requirement imposed by law; or

(i)    in connection with the performance of functions or duties, or the exercise of powers, under this Part; or

(j)    in connection with the performance of functions or duties, or the exercise of powers, by:

(i) a law enforcement officer; or

(ii) the Director-General (within the meaning of the Australian Security Intelligence Organisation Act 1979 ), an ASIO employee (within the meaning of that Act) or an ASIO affiliate (within the meaning of that Act); or

(iii) the agency head (within the meaning of the Intelligence Services Act 2001 ), or a staff member (within the meaning of that Act), of an agency (within the meaning of that Act); or

(k)    for the purposes of the admission of evidence in a proceeding that is not a criminal proceeding.

Note:

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

(4)    
Subsections (1) and (2) do not apply if the disclosure was made by a person to an Ombudsman official (whether in connection with a complaint made to the Ombudsman or in any other circumstances).

Note:

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

(5)    
Subsections (1) and (2) do not apply if the disclosure was made by a person to an IGIS official for the purposes of the IGIS official exercising powers, or performing functions or duties, as an IGIS official.

Note:

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