Document ID: chunk:federal_register_of_legislation:C2025C00033:section:49:p2
Version: federal_register_of_legislation:C2025C00033
Segment Type: section
Provision Reference: s 49 (pt 2/2)
Character Range: 41293–42561

protected information disclosed under subsection (2).
 (4) A person commits an offence if:
 (a) the person is subject to a condition under subsection (3); and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the condition.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (5) An instrument under subsection (3) is not a legislative instrument.

Prescribed professional disciplinary bodies
 (6) A person commits an offence if:
 (a) the person is:
 (i) a prescribed professional disciplinary body; or
 (ii) a member of a prescribed professional disciplinary body; and
 (b) protected information has been disclosed under subsection (2) to the body; 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
 (7) Subsection (6) does not apply if:
 (a) the disclosure or use is with the consent of the Chair of the Regulator; and
 (b) the disclosure or use is for the purpose of:
 (i) deciding whether or not to take disciplinary or other action; or
 (ii) taking that action.
Note: A defendant bears an evidential burden in relation to a matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).