Document ID: chunk:federal_register_of_legislation:C2021C00550:section:72
Version: federal_register_of_legislation:C2021C00550
Segment Type: section
Provision Reference: s 72
Character Range: 75337–77217

72  Secrecy
 (1) A person commits an offence if:
 (a) the person is, or has been, an entrusted person; and
 (b) the person discloses or otherwise uses information; and
 (c) the information is protected information.
Penalty: Imprisonment for 2 years.
 (2) Subsection (1) does not apply in relation to a disclosure or use of protected information if the disclosure or use:
 (a) is for the purposes of this Act or the rules; or
 (b) is for the purposes of the performance of the functions of the CEO or the exercise of the CEO's powers; or
 (c) is for the purposes of, or in connection with, the performance or exercise of the person's functions, duties or powers in the person's capacity as an entrusted person; or
 (d) is in accordance with the rules prescribed for the purposes of this paragraph.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) Subsection (1) does not apply in relation to a disclosure or use of protected information if:
 (a) the person to whom the protected information relates has consented to the disclosure or use; and
 (b) the disclosure or use is in accordance with that consent.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code.
 (4) Subsection (1) does not apply in relation to a disclosure of protected information if it has already been lawfully made available to the public.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.
 (5) Except where it is necessary to do so for the purposes of giving effect to this Act or the rules, a person is not to be required:
 (a) to produce a document containing protected information to a court; or
 (b) to disclose protected information to a court.