Document ID: chunk:federal_register_of_legislation:C2025C00107:body:0:p45
Version: federal_register_of_legislation:C2025C00107
Segment Type: other
Provision Reference: 
Character Range: 115710–118417

whom the information relates or that person's *agent in relation to the information) or to a court or tribunal; and
 (c) the information is *official information; and
 (d) the information was acquired by the first‑mentioned person in the course of, or because of, his or her duties under or in relation to this Act or the regulations.
Penalty: Imprisonment for 2 years.

Consent is not a defence
 (2) It is not a defence to a prosecution for an offence against subsection (1) that the entity to whom the information relates has consented to:
 (a) the making of the record; or
 (b) the disclosure of the information.

Limits on disclosure to courts and tribunals
 (3) A person mentioned in paragraph (1)(a) is not required to disclose to a court or tribunal *official information that was acquired by the person in the course of, or because of, his or her duties under or in relation to this Act or the regulations except if it is necessary to do so for the purpose of carrying into effect the provisions of this Act or the regulations.

70‑40  Exceptions to the prohibition on disclosure of official information

Disclosure in the performance of duties
 (1) Subsection 70‑35(1) does not apply if the record or disclosure is made in performing the person's duties under or in relation to this Act or the regulations.
Note: A defendant bears an evidential burden in relation to the matters in subsection (1): see subsection 13.3(3) of the Criminal Code.

Disclosure of publicly available information
 (2) Subsection 70‑35(1) does not apply if the information was already available to the public (otherwise than as a result of a contravention of subsection 70‑35(1) or 70‑45(1)).
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.

Disclosures to the Commissioner
 (3) Subsection 70‑35(1) does not apply if the record or disclosure is to the Commissioner and is for the purpose of administering a *taxation law.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code.

Disclosures to ASIC
 (3A) Subsection 70‑35(1) does not apply if the record or disclosure is to *ASIC for the purpose of ASIC performing any of its functions or exercising any of its powers.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3A): see subsection 13.3(3) of the Criminal Code.

Disclosures to Financial Services and Credit Panels
 (3AA) Subsection 70‑35(1) does not apply if the record or disclosure is to a *Financial Services and Credit Panel for the purpose of the panel performing any of its functions or exercising any of