Document ID: chunk:federal_register_of_legislation:C2024C00490:section:276
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 276
Character Range: 365076–367331

276  Disclosure to certain persons and bodies

Scope
 (1) This section applies if the Regulator is satisfied that particular protected audit information will enable or assist any of the following persons or bodies:
 (b) Low Carbon Australia Limited (ACN 141 478 748);
 (ba) the Australian Transaction Reports and Analysis Centre;
 (c) a prescribed professional disciplinary body;
 (d) a person or body responsible for the administration of a scheme that involves the issue of prescribed eligible carbon units;
to perform or exercise any of the functions or powers of the person or body.

Disclosure
 (3) If any of the following individuals:
 (e) an individual who is an audit team leader;
 (f) an individual assisting an audit team leader;
is authorised by the Regulator, in writing, for the purposes of this section, the individual may disclose that protected audit information to the person or body concerned.

Secondary disclosure and use
 (4) 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 audit information has been disclosed under subsection (3) 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.
 (5) Subsection (4) does not apply if:
 (a) the disclosure or use is with the consent 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 (5) (see subsection 13.3(3) of the Criminal Code).

Conditions
 (6) The Regulator may, by writing, impose conditions to be complied with in relation to protected audit information disclosed under subsection (3).
 (7) A person commits an offence if:
 (a) the person is subject to a condition under subsection (6); 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.
 (8) An instrument under subsection (6) is not a legislative instrument.