Document ID: chunk:federal_register_of_legislation:C2023C00273:section:44:p1
Version: federal_register_of_legislation:C2023C00273
Segment Type: section
Provision Reference: s 44 (pt 1/2)
Character Range: 55135–57780

44  Offences—dealing with and making records

Unauthorised dealing with records
 (1) A person commits an offence if:
 (a) the person engages in any of the following conduct (the relevant conduct):
 (i) copying a record;
 (ii) transcribing a record;
 (iii) retaining a record;
 (iv) removing a record;
 (v) dealing with a record in any other manner; and
 (b) the record was obtained by the person by reason of:
 (i) the person being, or having been, a staff member of ONI; or
 (ii) the person having entered into any contract, agreement or arrangement with ONI; or
 (iii) the person having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ONI; and
 (c) the record:
 (i) was acquired or prepared by or on behalf of ONI in connection with its functions; or
 (ii) relates to the performance by ONI of its functions; and
 (d) the relevant conduct was not engaged in:
 (i) in the course of the person's duties as a staff member; or
 (ii) in accordance with a contract, agreement or arrangement with ONI; or
 (iii) by the person acting within the limits of authority conferred on the person by the Director‑General; or
 (iv) with the approval of the Director‑General or a staff member having the authority of the Director‑General to give such an approval.
Penalty: Imprisonment for 3 years.

Unauthorised recording of information or matter
 (2) A person commits an offence if:
 (a) the person makes a record of any information or matter; and
 (b) the information or matter has come to the knowledge or into the possession of the person by reason of:
 (i) the person being, or having been, a staff member of ONI; or
 (ii) the person having entered into any contract, agreement or arrangement with ONI; or
 (iii) the person having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ONI; and
 (c) the information or matter:
 (i) was acquired or prepared by or on behalf of ONI in connection with its functions; or
 (ii) relates to the performance by ONI of its functions; and
 (d) the record was not made:
 (i) in the course of the person's duties as a staff member; or
 (ii) in accordance with a contract, agreement or arrangement with ONI; or
 (iii) by the person acting within the limits of authority conferred on the person by the Director‑General; or
 (iv) with the approval of the Director‑General or of a staff member having the authority of the Director‑General to give such an approval.
Penalty: Imprisonment for 3 years.

Exception—record, information or matter lawfully available
 (3) Subsection (1) does not apply to a record, and subsection