Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p57
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 57/66)
Character Range: 176543–179451

(b) the entity has acquired protected ACNC information in the entity's capacity as an ACNC officer; and
 (c) the entity:
 (i) discloses the information to another entity, other than an entity covered by subsection (2); or
 (ii) uses the information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (2) This subsection covers the following entities:
 (a) the entity to whom the information relates;
 (b) if the entity to whom the information relates has an agent in relation to the information—the agent;
 (c) if the entity to whom the information relates is a registered entity—a responsible entity of that registered entity.
 (3) Subdivision 150‑C provides for exceptions to the prohibition in subsection (1).
Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Subdivision 150‑C—Authorised disclosure

150‑30  Exception—disclosure in performance of duties under Act
  An ACNC officer may disclose or use protected ACNC information if the disclosure or use is in the performance of his or her duties under this Act.

150‑35  Exception—disclosure on Register to achieve objects of this Act
  An ACNC officer may disclose protected ACNC information if:
 (a) the Commissioner may include the information on the Register under Division 40; and
 (b) the disclosure is for the purpose of including the information on the Register under Division 40; and
 (c) if the information is personal information (within the meaning of the Privacy Act 1988)—the disclosure is necessary to achieve the objects of this Act.

150‑40  Exception—disclosure to an Australian government agency
  An ACNC officer may disclose protected ACNC information if:
 (a) the disclosure is to an Australian government agency; and
 (b) the ACNC officer is satisfied that the information will enable or assist the Australian government agency to perform or exercise any of the functions or powers of the agency; and
 (c) the disclosure is for the purpose of enabling or assisting the Australian government agency to perform or exercise any of the functions or powers of the agency; and
 (d) the disclosure is reasonably necessary to promote the objects of this Act.

150‑45  Exception—disclosure or use with consent
  An ACNC officer may disclose or use protected ACNC information that relates to the affairs of an entity if:
 (a) the entity has consented to the disclosure for a purpose; and
 (b) the disclosure or use is for that purpose.

150‑50  Exception—disclosure of information lawfully made available to the public
  An ACNC officer may disclose protected ACNC information if:
 (a) the information has already been lawfully made available to the public; and
 (b) the disclosure is for the purposes of this Act.

Subdivision 150‑D—On‑disclosure of protected ACNC information

150‑55  Offence—on‑disclosure of protected ACNC information