Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_10:p9
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 9/31)
Character Range: 537188–540052

that is giving information for the purposes of section 9 of the Electronic Transactions Act 1999.
 (4) In this section:
data storage device has the same meaning as in the Electronic Transactions Act 1999.
electronic communication has the same meaning as in the Electronic Transactions Act 1999.
information has the same meaning as in the Electronic Transactions Act 1999.
information technology requirements has the same meaning as in the Electronic Transactions Act 1999.

Part 5‑4—Management of information

Division 179—Protection of personal information

179‑1  What this Division is about
      An officer who discloses, copies or records personal information otherwise than in the course of official employment, or causes unauthorised access to or modification of personal information, commits an offence unless an exception applies.

179‑5  Meaning of personal information
  Personal information is:
 (a) information or an opinion about an identified individual, or an individual who is reasonably identifiable:
 (i) whether the information or opinion is true or not; and
 (ii) whether the information or opinion is recorded in a material form or not; and
 (b) obtained or created by an *officer for the purposes of any of the following:
 (i) Chapter 2;
 (ii) Chapters 3 and 4;
 (iii) Part 5‑1A;
 (iv) section 26A or Part 5A of the *TEQSA Act; and
 (c) not *Australia's Economic Accelerator program information.
Note: See Division 181 for *Australia's Economic Accelerator program information.

179‑10  Use of personal information

Offence
 (1) An *officer commits an offence if:
 (a) the officer either:
 (i) discloses information; or
 (ii) makes a copy or other record of information; and
 (b) the information is *personal information; and
 (c) the information was acquired by the officer in the course of the officer's *official employment; and
 (d) the disclosure did not occur, or the copy or record was not made, in the course of that official employment.
Penalty: Imprisonment for 2 years.

Exception—consent
 (2) Subsection (1) does not apply if the person to whom the *personal information relates has consented to the disclosure, or the making of the copy or record.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Exception—authorised or required by a Commonwealth law
 (3) Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of the Commonwealth.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Exception—authorised or required by certain State or Territory laws
 (4) Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of a State