Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this section, the use or disclosure of the information or document by the person is prohibited conduct if the use or disclosure is not permitted by section 90LC or 90LCA.
(2) If the person engages in prohibited conduct, the person commits an offence punishable, on conviction, by imprisonment for a period not exceeding 2 years.
(3) For the purposes of a prosecution for an offence against subsection (2) relating to the use or disclosure of the information or document:
(a) the use or disclosure is to be taken not to have been permitted by section 90LC or 90LCA, unless the defendant presents or points to evidence that suggests a reasonable possibility that the use or disclosure was permitted by a provision (the authorising provision ) of one of those sections; and
(b) if the defendant does so produce or point to evidence--the use or disclosure is to be taken to be permitted by the section that contains the authorising provision unless the prosecution proves, beyond reasonable doubt, that the use or disclosure was not permitted by the authorising provision.