Document ID: chunk:federal_register_of_legislation:C2021C00549:section:67
Version: federal_register_of_legislation:C2021C00549
Segment Type: section
Provision Reference: s 67
Character Range: 85297–86409

67  Secrecy
 (1) A person commits an offence if:
 (a) the person is, or has been, an entrusted person; and
 (b) the person obtains protected information in the person's capacity as an entrusted person; and
 (c) the person discloses the information to another person (other than the person to whom the information relates).
Penalty: Imprisonment for 2 years.

Exception
 (2) Subsection (1) does not apply if:
 (a) the disclosure is authorised by a provision of this Part; or
 (b) the disclosure is in compliance with a requirement under:
 (i) a law of the Commonwealth; or
 (ii) a prescribed law of a State or a Territory.
Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Court may not require information
 (3) Except where it is necessary to do so for the purposes of giving effect to this Act or a legislative instrument made under this Act, a person is not to be required:
 (a) to produce to a court or tribunal a document containing protected information; or
 (b) to disclose protected information to a court or tribunal.