Document ID: chunk:federal_register_of_legislation:C2012C00839:clause:2_59ab:p2
Version: federal_register_of_legislation:C2012C00839
Segment Type: clause
Provision Reference: sch 2 cl 59AB (pt 2/3)
Character Range: 42498–45163

information by an employee or officer of the body corporate; and
 (b) a condition that the information is not to be disclosed to a person who is not an employee or officer of the body corporate, other than in any circumstances specified; and
 (c) one or more conditions that the body corporate must meet in order to ensure that the information is not used or disclosed in a way that might prejudice the reputation of a person.
 (5) The CEO may specify, in writing, any other conditions that the CEO considers appropriate in relation to ACC information that is disclosed under, or in accordance with, this section (whether in relation to personal information or any other ACC information).
 (6) An instrument made under subsection (3), (4) or (5) is not a legislative instrument.

Offence—disclosure etc. for unauthorised purposes
 (7) A person commits an offence if:
 (a) ACC information is disclosed to the person under, or in accordance with, this section; and
 (b) the person (directly or indirectly):
 (i) makes a record of the information; or
 (ii) discloses the information to any other person; and
 (c) the record or disclosure referred to in paragraph (b) is not:
 (i) for a purpose specified under subsection (3) in relation to the information; or
 (ii) required by any other law.
Penalty: 50 penalty units, or imprisonment for 12 months, or both.
Note: For a defence to this offence, see subsection (9).

Offence—breach of conditions
 (8) A person commits an offence if:
 (a) ACC information is disclosed to the person under, or in accordance with, this section; and
 (b) the CEO specifies a condition under subsection (4) or (5) in relation to the information; and
 (c) the person does an act or omits to do an act in relation to the information; and
 (d) the act or omission breaches the condition.
Penalty: 50 penalty units, or imprisonment for 12 months, or both.
Note: For a defence to this offence, see subsection (9).

Defence—information legitimately made public
 (9) Subsections (7) and (8) do not apply to a person in relation to ACC information if:
 (a) the information is in the public domain before the person:
 (i) makes the record, or discloses the information (if subsection (7) applies); or
 (ii) does the act or omits to do the act in relation to the information (if subsection (8) applies); and
 (b) the original disclosure of the information into the public domain (before the person does the thing referred to in subparagraph (a)(i) or (ii) of this subsection) was not:
 (i) in contravention of section 51 or subsection (7) or (8) of this section; or
 (ii) in breach of an undertaking given under subsection (1) of this section.
Note: