Document ID: chunk:federal_register_of_legislation:C2023A00064:clause:1_397g
Version: federal_register_of_legislation:C2023A00064
Segment Type: clause
Provision Reference: sch 1 cl 397G
Character Range: 16417–19029

397G  Offence and civil penalty—use or disclosure of protected information

Unauthorised use or disclosure
 (1) A person contravenes this subsection if:
 (a) the person is, or has been, an entrusted person or a person covered by subsection (2); and
 (b) the person has obtained or generated information in the course of or for the purposes of:
 (i) performing functions or duties, or exercising powers, under this Act; or
 (ii) assisting another person to perform functions or duties, or exercise powers, under this Act; and
 (c) the information is protected information; and
 (d) the person uses or discloses the information.
Note: The physical elements of offences against subsections (5) and (6) are set out in this subsection (see section 370).
 (2) The following persons are covered by this subsection:
 (a) a person employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth;
 (b) an authorised officer;
 (c) an approved auditor;
 (d) an approved assessor;
 (e) an accredited veterinarian;
 (f) a nominated export permit issuer.

Exception—required or authorised by law
 (3) Subsection (1) does not apply if the use or disclosure of the information is required or authorised by:
 (a) this Act or another law of the Commonwealth; or
 (b) a law of a State or Territory prescribed by rules made for the purposes of this paragraph.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Exception—good faith
 (4) Subsection (1) does not apply if the person uses or discloses the information in good faith:
 (a) in the purported performance of functions or duties, or the purported exercise of powers, under this Act; or
 (b) in assisting another person in the purported performance of the other person's functions or duties, or the purported exercise of the other person's powers, under this Act.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault‑based offence
 (5) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Strict liability offence
 (6) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 50 penalty units.

Civil penalty provision
 (7) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 240 penalty units.