Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Act 2013 (52 of 2013)

Schedule 1   Amendment of the Customs Act 1901

Part 3   Using information held by Customs

45   After section 233BABAE

Insert:

233BABAF Using information held by Customs

Using information to commit offence

(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.

(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

(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 Customs Administration Act 1985;

to make that disclosure.

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

(4) In this section:

restricted information means information:

(a) held in a computer owned, leased or operated by Customs; and

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