Commonwealth Consolidated Acts

AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN ACT 2015 - SECT 82

  (1)   A person commits an offence if:

  (a)   protected information has been disclosed to, or obtained by, the person; and

  (b)   the protected information has been disclosed to, or obtained by, the person in his or her capacity as a person assisting small business/family enterprise; and

  (c)   the person:

  (i)   discloses the information to another person; or

  (ii)   uses the information.

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

Exceptions

  (2)   Each of the following is an exception to the prohibition in subsection   (1):

  (a)   the disclosure or use is authorised by a provision of this Act or a legislative instrument under this Act;

  (b)   the disclosure or use is in compliance with a requirement under:

  (i)   a law of the Commonwealth; or

  (ii)   a law of a State or a Territory.

Note:   A defendant bears an evidential burden in relation to a matter in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

  (3)   Except where it is necessary to do so for the purposes of giving effect to this Act or a legislative instrument under this Act, a person assisting small business/family enterprise is not to be required:

  (a)   to produce to a court or tribunal a document containing protected information; or

  (b)   to disclose protected information to a court or tribunal.