Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.1 - MATTERS RELATING TO HANDLING RECORDS AND INFORMATION  

Division 1 - The Registrar  

Subdivision C - Disclosure of information  

SECTION 1270L   PROTECTION OF CONFIDENTIALITY OF PROTECTED INFORMATION  

1270L(1)  
A person (the first person ) commits an offence if:

(a)  the first person is, or has been, in official employment; and

(b)  the first person makes a record of information, or discloses information to another person; and

(c)  the information is protected information that was obtained by the first person in the course of the first person ' s official employment.

Penalty: Imprisonment for 2 years.

1270L(2)  
However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3).

1270L(3)  
The recording or disclosure is authorised by this subsection if:

(a)  the recording or disclosure is for the purposes of this Division; or

(b)  the recording or disclosure happens in the course of the performance of the duties of the first person ' s official employment; or

(c)  in the case of a disclosure - the disclosure is to another person for use, in the course of the performance of the duties of the other person ' s official employment, in relation to the performance or exercise of the functions or powers of a government entity; or

(d)  in the case of a disclosure to another person who is an employee of a State, a Territory or an authority of a State or Territory - the disclosure:


(i) is to the other person for use, in the course of the performance of the duties of that employment, in relation to the performance or exercise of the functions or powers of a government entity; and

(ii) is in accordance with an agreement, about corporate regulation, between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; or

(e)  in the case of a disclosure - each person to whom the information relates consents to the disclosure; or

(f)  in the case of a disclosure - the disclosure is in accordance with the disclosure framework.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code .


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