Document ID: chunk:federal_register_of_legislation:C2009A00008:clause:1_22
Version: federal_register_of_legislation:C2009A00008
Segment Type: clause
Provision Reference: sch 1 cl 22
Character Range: 6352–7315

22  After subsection 36(2)
Insert:

 (2A) Subsection (1) does not prevent a person (the information holder) from disclosing information to another person under section 23A if the information holder does so in the circumstances permitted by that section.

 (2B) A person commits an offence if:
 (a) information is disclosed to the person; and
 (b) the information is disclosed in circumstances permitted by section 23A; and
 (c) the information is not disclosed to the person because the person is performing an Auditor‑General function; and
 (d) the person uses or discloses the information.

Penalty: Imprisonment for 2 years.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

 (2C) Subsection (2B) does not apply if the Auditor‑General has consented to the use or disclosure.

Note: A defendant bears an evidential burden in relation to a matter in subsection (2C): see subsection 13.3(3) of the Criminal Code.