Commonwealth Registers Act 2020

PART 4 - DISCLOSURE OF INFORMATION

SECTION 17 PROTECTION OF CONFIDENTIALITY OF PROTECTED INFORMATION

17(1)
A person (the first person ) commits an offence if:

(a) the first person is, or has been, in official employment; and

(b) the first person makes a record of information, or discloses information to another person; and

(c)

the information is protected information that was obtained by the first person in the course of the first person ' s official employment.

Penalty: Imprisonment for 2 years.

View history note

17(2)
However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3) .

17(3)
The recording or disclosure is authorised by this subsection if:

(a) the recording or disclosure is for the purposes of this Act; or

(b) the recording or disclosure happens in the course of the performance of the duties of the first person ' s official employment; or

(c) in the case of a disclosure - the disclosure is to another person for use, in the course of the performance of the duties of the other person ' s official employment, in relation to the performance or exercise of the functions or powers of a government entity; or

(d) in the case of a disclosure - each person to whom the information relates consents to the disclosure; or

(e) in the case of a disclosure - the disclosure is in accordance with the disclosure framework.

Note:

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

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