Document ID: chunk:federal_register_of_legislation:C2004A00922:clause:4_124
Version: federal_register_of_legislation:C2004A00922
Segment Type: clause
Provision Reference: sch 4 cl 124
Character Range: 72686–73455

124  Subsection 45(2)
Repeal the subsection, substitute:

 (2) Subject to subsection (3), a person to whom this section applies must not:
 (a) make a record of any protected information; or
 (b) whether directly or indirectly, divulge or communicate to a person any protected information concerning another person.

Penalty: Imprisonment for 2 years.

 (2A) Subsection (2) does not apply to the extent that the record is made, or the information divulged or communicated:
 (a) under or for the purposes of this Act; or
 (b) in the performance of duties, as a person to whom this section applies, under or in relation to this Act.

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