Document ID: chunk:federal_register_of_legislation:C2024C00489:section:41w
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 41W
Character Range: 147052–148214

41W  Unauthorised use or disclosure of protected information—official of Commonwealth entity
 (1) A person contravenes this subsection if:
 (a) the person is, or has been, an official of a Commonwealth entity; and
 (b) the person has obtained relevant information in the person's capacity as an official of the entity; and
 (c) the information is protected information that was disclosed to the entity under section 41G; and
 (d) the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.
Note: The physical elements of an offence against subsection (2) are set out in this subsection (see section 58F).

Fault‑based offence
 (2) 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
 (3) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.

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

Part 5—Compliance powers

Division 1—Inspectors