Document ID: chunk:federal_register_of_legislation:C2024A00098:section:56:p2
Version: federal_register_of_legislation:C2024A00098
Segment Type: section
Provision Reference: s 56 (pt 2/2)
Character Range: 99198–101111

Subsection (2) does not authorise the entity, Commonwealth body or State body to record, use or disclose the information to the extent that it is prohibited or restricted by or under the Privacy Act 1988.

Information not covered by the prohibitions in this section
 (5) Subsection (2) does not prohibit:
 (a) recording, use or disclosure of information that has already been lawfully made available to the public (for example, in the publication of the final review report); or
 (b) if the entity is an individual—recording, use or disclosure of personal information about the individual; or
 (c) if the entity or body is the entity or body that originally provided the information under section 48, 49 or 51—the entity's or body's own information; or
 (d) recording, use or disclosure of that entity's or body's own information, with the consent of that entity or body, by another entity, a Commonwealth body or a State body; or
 (e) recording, use or disclosure of information for the purposes of carrying out a State's constitutional functions, powers or duties.

Civil penalty for contravention of this section
 (6) An entity is liable to a civil penalty if:
 (a) the entity contravenes subsection (2); and
 (b) the entity is not a Commonwealth officer; and
 (c) any of the following applies:
 (i) the information is sensitive information about an individual and the individual has not consented to the record, use or disclosure of the information;
 (ii) the information is confidential or commercially sensitive;
 (iii) the record, use or disclosure of the information would, or could reasonably be expected to, cause damage to the security, defence or international relations of the Commonwealth.
Note 1: See the Criminal Code for offences for Commonwealth officers.
Note 2: This Act does not make the Crown (other than an authority of the Crown) liable to a civil penalty.
Civil penalty: 60 penalty units.