Document ID: chunk:federal_register_of_legislation:C2024C00613:section:99
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 99
Character Range: 226235–227309

99  Offence—unauthorised access, recording, disclosure or use of protected information
 (1) A person commits an offence if:
 (a) the person:
 (i) obtains information; or
 (ii) makes a record of information; or
 (iii) discloses information to another person; or
 (iv) uses information; and
 (b) the person is not authorised or required by or under this Act:
 (i) to obtain the information; or
 (ii) to make the record of the information; or
 (iii) to disclose the information; or
 (iv) to use the information; and
 (c) the information is protected information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (2) Subsection (1) does not apply if:
 (a) the person did not obtain the information under, for the purposes of, or in connection with, the scheme; or
 (b) the person had already obtained the information before the person obtained the information under, for the purposes of, or in connection with, the scheme.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).