Document ID: chunk:federal_register_of_legislation:C2004A01080:clause:2_22zvd
Version: federal_register_of_legislation:C2004A01080
Segment Type: clause
Provision Reference: sch 2 cl 22ZVD
Character Range: 10825–11735

22ZVD  Use or disclosure by Departmental officials other than for aviation security purposes

 (1) If:
 (a) a Departmental official uses or discloses protected information; and
 (b) that use or disclosure is not for the purposes of aviation security; and
 (c) the Departmental official is reckless as to whether the information is protected information;
the Departmental official is guilty of an offence punishable, on conviction, by a fine not exceeding 45 penalty units.

Exception to subsection (1)

 (2) Subsection (1) does not apply if the protected information is used or disclosed for the purposes of a prosecution, or defending a prosecution, of:
 (a) an offence against that subsection; or
 (b) an offence against section 137.1 or 137.2 of the Criminal Code.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).