Document ID: chunk:federal_register_of_legislation:C2011A00109:clause:1_113
Version: federal_register_of_legislation:C2011A00109
Segment Type: clause
Provision Reference: sch 1 cl 113
Character Range: 68604–69829

113  Secrecy
 (1) A person commits an offence if:
 (a) the person is, or has been, an official of the Performance Authority; and
 (b) the person has obtained protected Performance Authority information in the person's capacity as an official of the Performance Authority; and
 (c) the person:
 (i) discloses the information to another person; or
 (ii) uses the information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Exceptions
 (2) Each of the following is an exception to the prohibition in subsection (1):
 (a) the disclosure or use is authorised by this Part;
 (b) the disclosure or use is in compliance with a requirement under:
 (i) a law of the Commonwealth; or
 (ii) a prescribed law of a State or a Territory.
Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) Except where it is necessary to do so for the purposes of giving effect to this Act, an official of the Performance Authority is not to be required:
 (a) to produce to a court or tribunal a document containing protected Performance Authority information; or
 (b) to disclose protected Performance Authority information to a court or tribunal.