Document ID: chunk:federal_register_of_legislation:C2024C00693:section:26:p2
Version: federal_register_of_legislation:C2024C00693
Segment Type: section
Provision Reference: s 26 (pt 2/2)
Character Range: 85772–87058

Australian law or a court/tribunal order; or
 (c) the information is personal information and the use or disclosure would not be an interference with the privacy of the individual for the purposes of the Privacy Act 1988, or would not be an interference with the privacy of the individual for the purposes of that Act if the person were an agency or an organisation for the purposes of that Act; or
 (d) without limiting the exceptions under this subsection, the use or disclosure is required or authorised by the Information Commissioner, or an equivalent officer or agency of a State or Territory, in exercising powers or performing functions in relation to privacy.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.
 (5) A person commits an offence if the person contravenes subsection (1) or (2).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (6) A person is liable to a civil penalty if:
 (a) the person uses or discloses information in circumstances under which the use or disclosure would contravene subsection (1) or (2); and
 (b) the person knows or is reckless as to those circumstances.
Civil penalty: 600 penalty units.

Division 5—Protection of healthcare identifiers