Document ID: chunk:federal_register_of_legislation:C2025C00133:section:46
Version: federal_register_of_legislation:C2025C00133
Segment Type: section
Provision Reference: s 46
Character Range: 105029–105888

46  Unauthorised use or disclosure

Fault‑based offence
 (1) A person commits an offence if:
 (a) the person is or was an entrusted person; and
 (b) the person obtains protected information in the person's capacity as an entrusted person; and
 (c) the person uses or discloses the information; and
 (d) the use or disclosure is not authorised by a provision of this Part.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Exception for use or disclosure in good faith
 (2) Subsection (1) does not apply to a person to the extent that the person uses or discloses protected information in good faith and in purported compliance with a provision in this Part.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Part 6—Miscellaneous

Division 1—Introduction