Document ID: chunk:federal_register_of_legislation:C2025C00090:section:135a:p6
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 135A (pt 6/8)
Character Range: 594902–597568

(g), (ga), (gb) or (h), or (7)(j), (k), (l) or (la), or a person under the control of such a person or persons—in the performance of duties, or in the exercise of powers or functions, under the law referred to in that paragraph; or
 (d) in the case of a director, secretary or employee of a private health insurer or a person under the control of such a person—in the performance of duties, or in the exercise of powers or functions, in relation to the carrying on of the business of the insurer;
and while the person is, or after the person ceases to be, such a person, divulge or communicate to any person, any information so divulged.
Penalty: Imprisonment for 2 years or 50 penalty units, or both.
 (10) The powers conferred by subsections (6) and (7) are in addition to, and not in derogation of, the powers conferred by subsection (3).
 (11) The powers conferred by subsection (6) are in addition to, and not in derogation of, the powers conferred by subsection (7).
 (12) Nothing in subsection (3), (6) or (7) shall be taken to limit the generality of subsection (2) or the exception referred to in subsection (1).
 (12A) Despite subsection (1), any of the following persons may divulge information about a person's compliance with a share by default provision (within the meaning of the My Health Records Act 2012) to the Australian Commission on Safety and Quality in Health Care:
 (a) the Secretary;
 (b) the Secretary of the Department administered by the Minister administering the My Health Records Act 2012;
 (c) the Chief Executive Medicare.
 (13) Where:
 (a) a person solicits the disclosure of protected information from an officer or another person; and
 (b) the disclosure would be in contravention of this section; and
 (c) the first‑mentioned person knows or ought reasonably to know that the information is protected information;
the first‑mentioned person commits an offence, whether or not any protected information is actually disclosed.
 (14) Where protected information is disclosed to a person in contravention of this section, the person commits an offence if he or she knows or ought reasonably to know that the disclosure is in contravention of this section and:
 (a) he or she in any way solicited the disclosure of the information; or
 (b) he or she discloses the information to another person; or
 (c) he or she uses the information otherwise than by disclosing it to another person.
 (16) Where:
 (a) a person is convicted of an offence under subsection (13); and
 (b) the person acted as an employee or agent of another person in soliciting the disclosure of the information;
the other person commits an offence.
 (16A) An offence