Document ID: chunk:federal_register_of_legislation:C2024C00563:section:82
Version: federal_register_of_legislation:C2024C00563
Segment Type: section
Provision Reference: s 82
Character Range: 77091–78426

82  Use or disclosure of protected information
 (1) A person commits an offence if:
 (a) protected information has been disclosed to, or obtained by, the person; and
 (b) the protected information has been disclosed to, or obtained by, the person in his or her capacity as a person assisting small business/family enterprise; 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 a provision of this Act or a legislative instrument under this Act;
 (b) the disclosure or use is in compliance with a requirement under:
 (i) a law of the Commonwealth; or
 (ii) a 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 or a legislative instrument under this Act, a person assisting small business/family enterprise is not to be required:
 (a) to produce to a court or tribunal a document containing protected information; or
 (b) to disclose protected information to a court or tribunal.