National Consumer Credit Protection Act 2009
View history note
Hide history noteRequirement
160CB(1)
A person must not use or disclose: (a) a constrained document; or (b) information contained in a constrained document; or (c) constrained information.
Civil penalty: 5,000 penalty units.
Offence
160CB(2)
A person commits an offence if: (a) the person uses or discloses a document or information; and (b) any of the following apply:
(i) the document is a constrained document;
(ii) the information is contained in a constrained document;
(iii) the information is constrained information.
Criminal penalty: 100 penalty units.
Strict liability offence
160CB(3)
A person commits an offence if the person uses or discloses: (a) a constrained document; or (b) information contained in a constrained document; or (c) constrained information.
Criminal penalty: 10 penalty units.
160CB(4)
Subsection (3) is an offence of strict liability.
Defence
160CB(5)
For the purposes of subsection (1) , (2) or (3) it is a defence if the use or disclosure by the person is: (a) a disclosure to another person (the recipient ) of:
(i) a constrained document; or
(ii) information contained in a constrained document; or
(iii) constrained information;
that is about the financial affairs of the recipient (either alone or with others); or
(b) necessary for the person to comply with the person ' s obligations under this Act; or (c) required or authorised by or under a law of the Commonwealth, or of a State or Territory, or a court or tribunal order; or (d) for the purposes of considering a hardship notice; or (e) for the purposes of assisting ASIC to perform its functions or exercise its powers; or (f) for the purposes of allowing the operator of the AFCA scheme to perform its functions or exercise its powers.Note:
For the purposes of subsection (2) or (3) , a defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code ).
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