Document ID: chunk:federal_register_of_legislation:C2024C00631:section:77
Version: federal_register_of_legislation:C2024C00631
Segment Type: section
Provision Reference: s 77
Character Range: 128840–131280

77  Protection of confidentiality of information
 (1) A person who obtains information in the course of performing functions or exercising powers under this Act or the Transitional Act must not:
 (a) make a record of the information; or
 (b) use the information; or
 (c) disclose the information.
Penalty: Imprisonment for 1 year.
 (2) Subsection (1) does not apply if:
 (a) the information is recorded, used or disclosed for the purposes of performing functions or exercising powers under this Act or the Transitional Act; or
 (b) the information is recorded, used or disclosed in accordance with a provision of this Act or the Transitional Act; or
 (c) the information is recorded, used or disclosed with the consent of the entity that provided the information; or
 (d) the information is given to a court or tribunal.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) A person commits an offence if:
 (a) information is made available to a government body or to an intelligence or security agency under section 62; and
 (b) a person obtains the information in the course of performing functions or exercising powers for the body or agency; and
 (c) the person would not have had access to the information if it had not been made available to the body or agency under section 62; and
 (d) the person records, uses or discloses the information for a purpose other than that for which it was made available; and
 (e) the person is reckless as to whether the purpose for which the information is recorded, used or disclosed is that for which it was made available.
Penalty: Imprisonment for 6 months.
Note: Where a fault element for a physical element of an offence is not stated, see section 5.6 of the Criminal Code for the appropriate fault element.
 (4) Subsection (3) does not apply if:
 (a) the person discloses the information to another person; and
 (b) the disclosure is reasonably necessary for:
 (i) the enforcement of the criminal law; or
 (ii) the enforcement of a law imposing a pecuniary penalty; or
 (iii) the protection of the public revenue.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.
 (5) Subsections (1) and (3) are not intended to have an operation that would infringe an implied constitutional immunity of a referring/adopting State.