Document ID: chunk:federal_register_of_legislation:C2024C00490:section:270
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 270
Character Range: 361389–362719

270  Secrecy
 (1) A person commits an offence if:
 (a) the person is, or has been, an entrusted public official; and
 (b) the person has obtained protected information in his or her capacity as an entrusted public official; 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 Part;
 (b) the disclosure or use is in compliance with a requirement under:
 (i) a law of the Commonwealth; or
 (ii) a prescribed 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, an entrusted public official 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.
Note: See also the Clean Energy Regulator Act 2011, which deals with the use and disclosure of information by officials of the Clean Energy Regulator.