Payment Times Reporting Act 2020

PART 5 - PROTECTED INFORMATION  

Division 3 - Unauthorised use or disclosure  

SECTION 46   UNAUTHORISED USE OR DISCLOSURE  
Fault-based offence

46(1)    
A person commits an offence if:

(a)    the person is or was an entrusted person; and

(b)    the person obtains protected information in the person ' s capacity as an entrusted person; and

(c)    the person uses or discloses the information; and

(d)    the use or disclosure is not authorised by a provision of this Part.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Exception for use or disclosure in good faith

46(2)    
Subsection (1) does not apply to a person to the extent that the person uses or discloses protected information in good faith and in purported compliance with a provision in this Part.

Note:

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