Document ID: chunk:federal_register_of_legislation:C2024C00694:section:40
Version: federal_register_of_legislation:C2024C00694
Segment Type: section
Provision Reference: s 40
Character Range: 25919–27421

40  Unauthorised use or disclosure of protected information
 (1) A person commits an offence if:
 (a) the person is, or has been, an entrusted person; and
 (b) the person obtains information in the person's capacity as an entrusted person; and
 (c) the information is protected information; and
 (d) the person uses or discloses the information; and
 (e) the use or disclosure is not authorised by a provision in Subdivision B.
Penalty: Imprisonment for 2 years.
 (2) Subsection (1) does not apply in relation to use or disclosure of information if the information has already been lawfully made available to the public.
Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) Subsection (1) does not apply if the conduct is:
 (a) authorised by a law of the Commonwealth other than the following:
 (i) this Act;
 (ii) subsection 11CM(1) of the Banking Act 1959;
 (iii) subsection 109E(1) of the Insurance Act 1973;
 (iv) subsection 231E(1) of the Life Insurance Act 1995;
 (v) subsection 72(1) or section 73 of the Financial Accountability Regime Act 2023; or
 (b) in compliance with a requirement under a law of the Commonwealth other than this Act.
Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
 (4) Section 15.4 of the Criminal Code (Extended geographical jurisdiction—category D) applies to an offence against subsection (1).