Document ID: chunk:federal_register_of_legislation:C2024A00098:section:30:p2
Version: federal_register_of_legislation:C2024A00098
Segment Type: section
Provision Reference: s 30 (pt 2/2)
Character Range: 55490–57215

with the Privacy Act 1988
 (4) Subsection (2) does not authorise the other entity, Commonwealth body or State body to record, use or disclose the information to the extent that it is prohibited or restricted by or under the Privacy Act 1988.

Information not covered by the prohibitions in this section
 (5) Subsection (2) does not prohibit:
 (a) recording, use or disclosure of information referred to in subsection 29(4); or
 (b) if the other entity is an individual—recording, use or disclosure of personal information about the individual; or
 (c) recording, use or disclosure of the reporting business entity's own information, with the consent of the reporting business entity, by another entity, a Commonwealth body or a State body; or
 (d) recording, use or disclosure of information for the purposes of carrying out a State's constitutional functions, powers or duties.

Civil penalty for contravention of this section
 (6) An entity is liable to a civil penalty if:
 (a) the entity contravenes subsection (2); and
 (b) the entity is not a Commonwealth officer; and
 (c) any of the following applies:
 (i) the information is sensitive information about an individual and the individual has not consented to the record, use or disclosure of the information;
 (ii) the information is confidential or commercially sensitive;
 (iii) the record, use or disclosure of the information would, or could reasonably be expected to, cause damage to the security, defence or international relations of the Commonwealth.
Note 1: See the Criminal Code for offences for Commonwealth officers.
Note 2: This Act does not make the Crown (other than an authority of the Crown) liable to a civil penalty.
Civil penalty: 60 penalty units.