Document ID: chunk:federal_register_of_legislation:C2015C00044:clause:1_233babaf
Version: federal_register_of_legislation:C2015C00044
Segment Type: clause
Provision Reference: sch 1 cl 233BABAF
Character Range: 34219–35498

233BABAF  Using information held by Customs

Using information to commit offence
 (1) A person commits an offence if:
 (a) the person obtains information; and
 (b) the information is restricted information; and
 (c) the person uses the information to commit an offence against a law of the Commonwealth, a State or a Territory.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the offence was an offence against a law of the Commonwealth, a State or a Territory.

Disclosing information to another person
 (3) A person commits an offence if:
 (a) the person obtains information; and
 (b) the information is restricted information; and
 (c) the person discloses the information to another person; and
 (d) the person is not authorised or required under:
 (i) this Act; or
 (ii) the Customs Administration Act 1985;
  to make that disclosure.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (4) In this section:
restricted information means information:
 (a) held in a computer owned, leased or operated by Customs; and
 (b) to which access is restricted by an access control system associated with a function of the computer.