S 62M repealed by No 57 of 2026, s 3 and Sch 3 item 12, effective 30 June 2026. S 62M formerly read:
SECTION 62M PROTECTION OF CONFIDENTIALITY OF PROTECTED INFORMATION
62M(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.
62M(2)
However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3).
62M(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 registration of business names, between the Commonwealth, the States, the Australian Capital Territory and the Northern 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
.
S 62M inserted by No 69 of 2020, s 3 and Sch 1 item 5, effective 4 April 2021. For application and transitional provisions, see note under s
62A
.
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