Document ID: chunk:federal_register_of_legislation:C2024C00820:section:14
Version: federal_register_of_legislation:C2024C00820
Segment Type: section
Provision Reference: s 14
Character Range: 38818–40558

14  Penalties for unauthorised sharing

Civil penalty provisions
 (1) An entity contravenes this subsection if:
 (a) the entity provides access to data; and
 (b) the provision of access is purportedly under section 13; and
 (c) the provision of access is not authorised by section 13.
Civil penalty: 300 penalty units.
 (2) An individual or a body corporate contravenes this subsection if:
 (a) the individual or body corporate uses data; and
 (b) the use is a provision of access to the data by an entity under, or purportedly under, section 13; and
 (c) the individual has a designated relationship with the entity, or the body corporate is party to an approved contract with the entity; and
 (d) the individual or body corporate's use is not authorised by this Act.
Civil penalty: 300 penalty units.

Offences
 (3) An entity commits an offence if:
 (a) the entity provides access to data; and
 (b) the provision of access is purportedly under section 13; and
 (c) the provision of access is not authorised by section 13 and the entity is reckless with respect to that circumstance.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
 (4) An individual or a body corporate commits an offence if:
 (a) the individual or body corporate uses data; and
 (b) the use is a provision of access to the data by an entity under, or purportedly under, section 13; and
 (c) the individual has a designated relationship with the entity, or the body corporate is party to an approved contract with the entity; and
 (d) the individual or body corporate's use is not authorised by this Act and the individual or body corporate is reckless with respect to that circumstance.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.