Document ID: chunk:federal_register_of_legislation:C2024C00830:section:30:p1
Version: federal_register_of_legislation:C2024C00830
Segment Type: section
Provision Reference: s 30 (pt 1/2)
Character Range: 62322–65065

30  Prohibition on recording or disclosure of, or access to, information by entrusted persons

Offence for recording or disclosing information
 (1) A person commits an offence if:
 (a) the person is, or has been, an entrusted person; and
 (b) the person has obtained protected information in the person's capacity as an entrusted person; and
 (c) the person:
 (i) makes a record of the information; or
 (ii) discloses the information to another person.
Note: The fault element for the physical elements in paragraphs (a) and (b) is recklessness: see section 5.6 of the Criminal Code.
Penalty: Imprisonment for 2 years.

Offence for accessing information
 (2) A person commits an offence if:
 (a) the person is an entrusted person; and
 (b) the person accesses protected information.
Note: The fault element for the physical elements in paragraph (a) is recklessness: see section 5.6 of the Criminal Code.
Penalty: Imprisonment for 2 years.

Exceptions
 (3) Each of the following is an exception to the prohibition in subsection (1) or (2):
 (a) the conduct is authorised by a law of the Commonwealth or of a State or Territory;
 (b) the conduct is in compliance with a requirement under a law of the Commonwealth or of a State or Territory.
Note 1: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.
Note 2: For paragraph (3)(a), see also sections 31 to 35 which authorise conduct.

Definitions of entrusted person and protected information
 (4) In this Act:
entrusted person means:
 (a) the Secretary; or
 (b) an APS employee in the Department; or
 (c) a person who is:
 (i) an employee of an Agency (within the meaning of the Public Service Act 1999); or
 (ii) an officer or employee of a State or Territory; or
 (iii) an officer or employee of a government authority; or
 (iv) an officer or employee of the government of a foreign country; or
 (v) an officer or employee of an authority of a foreign country; or
 (vi) an officer or employee of a public international organisation (within the meaning of section 70.1 of the Criminal Code);
  and whose services are made available to the Department; or
 (d) a contractor engaged to provide services to the Department in connection with an approved identity verification facility (whether the contractor is engaged directly by the Commonwealth or as a subcontractor); or
 (e) an officer or employee of such a contractor whose duties relate wholly or partly to an approved identity verification facility.
protected information means any of the following:
 (a) identification information that was obtained by a person, in the person's capacity as an entrusted person, from:
 (i) an electronic communication to or from