Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p58
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 58/66)
Character Range: 179154–182055

disclose protected ACNC information if:
 (a) the information has already been lawfully made available to the public; and
 (b) the disclosure is for the purposes of this Act.

Subdivision 150‑D—On‑disclosure of protected ACNC information

150‑55  Offence—on‑disclosure of protected ACNC information
 (1) An entity commits an offence if:
 (a) the entity acquires protected ACNC information; and
 (b) the entity acquired the protected ACNC information otherwise than as an ACNC officer; and
 (c) the acquisition occurred because of a disclosure or use of the protected ACNC information under an exception in Subdivision 150‑C, or section 150‑60, for a purpose specified in that exception; and
 (d) the entity:
 (i) discloses the protected ACNC information to another entity (other than an entity covered by subsection (2)); or
 (ii) uses the protected ACNC information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (2) This subsection covers the following entities:
 (a) the entity to whom the information relates;
 (b) if the entity to whom the information relates has an agent in relation to the information—the agent;
 (c) if the entity to whom the information relates is a registered entity—a responsible entity of that registered entity.
 (3) Sections 150‑60 and 150‑65 provide for exceptions to the prohibition in subsection (1).
Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).

150‑60  Exception—on‑disclosure or use for the purpose of the original exception
 (1) An entity may disclose or use protected ACNC information if:
 (a) the information was originally disclosed under an exception in Subdivision 150‑C or this Subdivision for a purpose specified in that exception (the original purpose); and
 (b) the disclosure or use is made by the entity for the original purpose, or in connection with the original purpose.
 (2) Without limiting subsection (1), treat the disclosure or use as being in connection with the original purpose if:
 (a) the disclosure is to, or the use is for, any entity, court or tribunal; and
 (b) the disclosure or use is for the purpose of criminal, civil or administrative proceedings (including merits review or judicial review) that are related to the original purpose.

150‑65  Exception—on‑disclosure of information lawfully made available to the public
  An entity may disclose protected ACNC information if the information has already been lawfully made available to the public.

Part 7‑2—Review and appeals

Division 155—Preliminary

155‑5  Application of this Part
 (1) This Part applies if a provision of this Act or of the regulations provides that an entity that is dissatisfied with a decision may object against it in the manner set out in this Part.
 (2) Such a decision is called an administrative decision.

155‑10  Decisions covered by single