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 .


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.