Document ID: chunk:federal_register_of_legislation:C2024C00495:section:115
Version: federal_register_of_legislation:C2024C00495
Segment Type: section
Provision Reference: s 115
Character Range: 152202–154608

115  Disclosing information
 (1) A person contravenes this subsection if:
 (a) the person is, or has been, an entrusted person; and
 (b) the person has obtained information in his or her capacity as an entrusted person; and
 (c) the information is protected information; and
 (d) the person discloses the information to another person; and
 (e) the disclosure is not authorised by, or in compliance with a requirement under:
 (i) this Act or another law of the Commonwealth; or
 (ii) a law of a State or Territory prescribed by the rules for the purposes of this paragraph.

Entrusted person
 (2) Each of the following is an entrusted person:
 (a) the Executive Director;
 (b) a person made available to assist the Executive Director under section 153 or 154;
 (c) the Secretary of the Department;
 (d) an APS employee in the Department;
 (e) any other person employed or engaged by the Department;
 (f) a person employed, under the Members of Parliament (Staff) Act 1984, as a personal employee of the Minister.

Protected information
 (3) The following is protected information:
 (a) the proper name or end use for an industrial chemical if an application to treat the proper name or end use as confidential business information is pending or has been approved under paragraph 108(1)(a);
 (b) information for which an application to treat the information as confidential business information is pending or has been approved under paragraph 114(2)(a);
 (c) information for which notice has been given under subsection 112(1) and either of the following apply:
 (i) a notice is yet to be given under subsection 113(1) in relation to the information;
 (ii) if such a notice has been given, the period specified in the notice for making an application under subsection 113(2) has not expired.

Fault‑based offence
 (4) A person commits an offence if the person contravenes subsection (1).
Penalty: 300 penalty units.

Strict liability offence
 (5) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.

Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 300 penalty units.

Implied freedom of political communication
 (7) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.