Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:3_41v
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 3 cl 41V
Character Range: 60681–62107

41V  Unauthorised use or disclosure of protected information—entrusted person

Unauthorised use or disclosure
 (1) A person contravenes this subsection if:
 (a) the person is, or has been, an entrusted person; and
 (b) the person has obtained relevant information in the person's capacity as an entrusted person; and
 (c) the information is protected information; and
 (d) the person uses or discloses the information.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 58F).

Exceptions
 (2) However, subsection (1) does not apply if the use or disclosure is authorised or required by:
 (a) this Act; or
 (b) any other law of the Commonwealth; or
 (c) a prescribed law of a State or a Territory.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault‑based offence
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 2 years or 180 penalty units, or both.

Strict liability offence
 (4) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 360 penalty units.