Document ID: chunk:federal_register_of_legislation:C2025C00040:section:90h
Version: federal_register_of_legislation:C2025C00040
Segment Type: section
Provision Reference: s 90H
Character Range: 92024–93219

90H  Prohibition on use or disclosure by current employees
 (1) For the purposes of this section, the use or disclosure of the information or document by the person is prohibited conduct if the use or disclosure is not permitted by section 90J, 90JA, 90JB, 90JC, 90JD, 90JE, 90JF, 90JG, 90JH or 90L.
 (2) If the person engages in prohibited conduct, the person commits an offence punishable, on conviction, by imprisonment for a period not exceeding 2 years.
 (3) For the purposes of a prosecution for an offence against subsection (2) relating to the use or disclosure of the information or document:
 (a) the use or disclosure is to be taken not to have been permitted by section 90J, 90JA, 90JB, 90JC, 90JD, 90JE, 90JF, 90JG, 90JH or 90L unless the defendant presents or points to evidence that suggests a reasonable possibility that the use or disclosure was permitted by that section (the authorising provision); and
 (b) if the defendant does so produce or point to evidence—the use or disclosure is to be taken to be permitted by the authorising provision unless the prosecution proves, beyond reasonable doubt, that the use or disclosure was not permitted by the authorising provision.