Document ID: chunk:federal_register_of_legislation:C2004A01080:clause:2_22zve
Version: federal_register_of_legislation:C2004A01080
Segment Type: clause
Provision Reference: sch 2 cl 22ZVE
Character Range: 11735–13557

22ZVE  Disclosure other than in excepted circumstances

 (1) If:
 (a) a person (whether or not a Departmental official) discloses protected information to another person; and
 (b) the person does not disclose the information in excepted circumstances (see subsection (2)); and
 (c) the person is reckless as to whether the information is protected information;
the person is guilty of an offence punishable, on conviction, by a fine not exceeding 45 penalty units.

Meaning of excepted circumstances

 (2) For the purposes of paragraph (1)(b), the protected information is disclosed in excepted circumstances if it is disclosed to:
 (a) a Departmental official; or
 (b) a Commonwealth Minister; or
 (c) a member of the staff of a Commonwealth Minister who is nominated by the Minister to receive protected information on the Minister's behalf; or
 (d) a person acting in the course of his or her duties as a member of the Parliament of the Commonwealth; or
 (e) either:
 (i) an aviation industry participant; or
 (ii) a person (other than a Departmental official) acting in the course of his or her duties in an Agency (within the meaning of the Public Service Act 1999);
  in a form that does not identify, and is not reasonably capable of being used to identify, the protected person.

Exceptions to subsection (1)

 (3) Subsection (1) does not apply if:
 (a) the person discloses the protected information with the consent of the protected person; or
 (b) the protected information is disclosed for the purposes of a prosecution, or defending a prosecution, of:
 (i) an offence against that subsection; or
 (ii) an offence against section 137.1 or 137.2 of the Criminal Code.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).