Document ID: chunk:federal_register_of_legislation:C2025C00155:section:233babaf
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 233BABAF
Character Range: 1541370–1542713

233BABAF  Using information held by the Commonwealth

Using information to commit offence
 (1) A person commits an offence if:
 (a) the person obtains information; and
 (b) the information is restricted information; and
 (c) the person uses the information to commit an offence against a law of the Commonwealth, a State or a Territory.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the offence was an offence against a law of the Commonwealth, a State or a Territory.

Disclosing information to another person
 (3) A person commits an offence if:
 (a) the person obtains information; and
 (b) the information is restricted information; and
 (c) the person discloses the information to another person; and
 (d) the person is not authorised or required under:
 (i) this Act; or
 (ii) the Australian Border Force Act 2015;
  to make that disclosure.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (4) In this section:
restricted information means information:
 (a) held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Acts; and
 (b) to which access is restricted by an access control system associated with a function of the computer.