Document ID: chunk:federal_register_of_legislation:C2019A00127:clause:1_61nb:p3
Version: federal_register_of_legislation:C2019A00127
Segment Type: clause
Provision Reference: sch 1 cl 61NB (pt 3/4)
Character Range: 74071–76749

if the person is or was an employee of a contracted service provider of the Register operator—because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or
 (ix) if the person is or was an ACMA official—in connection with the person's capacity as an ACMA official; or
 (x) if the person is or was the Secretary of a Department—in connection with the person's capacity as the Secretary of that Department; or
 (xi) if the person is or was an APS employee in a Department—in connection with the person's capacity as an APS employee in that Department.
Civil penalty: 180 penalty units.

Exceptions
 (3) Subsections (1) and (2) do not apply if the disclosure was authorised by or under:
 (a) subsection (4), (6) or (7); or
 (b) section 61NC; or
 (c) section 61ND; or
 (d) section 61NE; or
 (e) section 61NF; or
 (f) section 61NG; or
 (g) section 61NH; or
 (h) Australian Privacy Principle 12; or
 (i) Part V of the Freedom of Information Act 1982.
Note 1: In a prosecution for an offence against subsection (1), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Note 2: In proceedings for a civil penalty order for a contravention of subsection (2), a defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Authorised disclosure—general
 (4) A person covered by paragraph (1)(b) or (2)(a) may disclose protected information:
 (a) in connection with the administration or execution of this Part; or
 (b) for the purposes of ensuring that a licensed interactive wagering service provider complies with this Part; or
 (c) for the purposes of:
 (i) any legal proceedings arising out of or otherwise related to this Part; or
 (ii) any report of any such proceedings; or
 (d) in accordance with any requirement imposed by a law of the Commonwealth, a State or a Territory; or
 (e) in connection with the performance of functions, or the exercise of powers, by:
 (i) the Register operator; or
 (ii) the ACMA; or
 (f) for the purpose of obtaining legal advice in relation to this Part.
 (5) For the purposes of subsection (4), this Part includes:
 (a) the Register rules; and
 (b) any other provision of this Act, so far as that other provision relates to this Part or the Register rules; and
 (c) the Regulatory Powers Act, so far as that Act relates to this Part; and
 (d) the National Self‑exclusion Register (Cost Recovery Levy) Act 2019.

Authorised disclosure—consent
 (6) A person covered by paragraph (1)(b) or (2)(a) may disclose protected