Document ID: chunk:federal_register_of_legislation:C2022A00087:clause:4_160cb
Version: federal_register_of_legislation:C2022A00087
Segment Type: clause
Provision Reference: sch 4 cl 160CB
Character Range: 65194–67170

160CB  Prohibition on use or disclosure of certain documents and information

Requirement
 (1) A person must not use or disclose:
 (a) a constrained document; or
 (b) information contained in a constrained document; or
 (c) constrained information.
Civil penalty: 5,000 penalty units.

Offence
 (2) A person commits an offence if:
 (a) the person uses or discloses a document or information; and
 (b) any of the following apply:
 (i) the document is a constrained document;
 (ii) the information is contained in a constrained document;
 (iii) the information is constrained information.
Criminal penalty: 100 penalty units.

Strict liability offence
 (3) A person commits an offence if the person uses or discloses:
 (a) a constrained document; or
 (b) information contained in a constrained document; or
 (c) constrained information.
Criminal penalty: 10 penalty units.
 (4) Subsection (3) is an offence of strict liability.

Defence
 (5) For the purposes of subsection (1), (2) or (3) it is a defence if the use or disclosure by the person is:
 (a) a disclosure to another person (the recipient) of:
 (i) a constrained document; or
 (ii) information contained in a constrained document; or
 (iii) constrained information;
  that is about the financial affairs of the recipient (either alone or with others); or
 (b) necessary for the person to comply with the person's obligations under this Act; or
 (c) required or authorised by or under a law of the Commonwealth, or of a State or Territory, or a court or tribunal order; or
 (d) for the purposes of considering a hardship notice; or
 (e) for the purposes of assisting ASIC to perform its functions or exercise its powers; or
 (f) for the purposes of allowing the operator of the AFCA scheme to perform its functions or exercise its powers.
Note: For the purposes of subsection (2) or (3), a defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).