Document ID: chunk:federal_register_of_legislation:C2024A00098:section:40:p2
Version: federal_register_of_legislation:C2024A00098
Segment Type: section
Provision Reference: s 40 (pt 2/2)
Character Range: 74363–75370

a Commonwealth body or a State body; or
 (d) recording, use or disclosure for the purposes of carrying out a State's constitutional functions, powers or duties.

Civil penalty for contravention of this section
 (6) An entity is liable to a civil penalty if:
 (a) the entity contravenes subsection (2); and
 (b) the entity is not a Commonwealth officer; and
 (c) any of the following applies:
 (i) the information is sensitive information about an individual and the individual has not consented to the record, use or disclosure of the information;
 (ii) the information is confidential or commercially sensitive;
 (iii) the record, use or disclosure of the information would, or could reasonably be expected to, cause damage to the security, defence or international relations of the Commonwealth.
Note 1: See the Criminal Code for offences for Commonwealth officers.
Note 2: This Act does not make the Crown (other than an authority of the Crown) liable to a civil penalty.
Civil penalty: 60 penalty units.