Commonwealth Consolidated Acts Commonwealth Consolidated ActsUnauthorised use or disclosure
(1) A person contravenes this subsection if:
(a) the person is, or has been, an entrusted person or a person covered by subsection (2); and
(b) the person has obtained or generated information in the course of or for the purposes of:
(i) performing functions or duties, or exercising powers, under this Act; or
(ii) assisting another person to perform functions or duties, or exercise powers, under this Act; and
(c) the information is protected information; and
(d) the person uses or discloses the information.
Note: The physical elements of offences against subsections (5) and (6) are set out in this subsection (see section 534).
(2) The following persons are covered by this subsection:
(a) a person employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth;
(b) a biosecurity official;
(c) a chief human biosecurity officer;
(d) a human biosecurity officer;
(e) a biosecurity industry participant or an officer or employee of a biosecurity industry participant;
(f) a survey authority or an officer or employee of a survey authority;
(g) a person who has carried out, or is carrying out, an audit under section 436.
Exception--required or authorised by law
(3) Subsection (1) does not apply if the use or disclosure of the information is required or authorised by:
(a) this Act or another law of the Commonwealth; or
(b) a law of a State or Territory prescribed by regulations made for the purposes of this paragraph.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Exception--good faith
(4) Subsection (1) does not apply if the person uses or discloses the information in good faith:
(a) in the purported performance of functions or duties, or the purported exercise of powers, under this Act; or
(b) in assisting another person in the purported performance of the other person's functions or duties, or the purported exercise of the other person's powers, under this Act.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Fault - based offence
(5) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Strict liability offence
(6) A person commits an offence of strict liability if the person contravenes subsection (1).
(7) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 120 penalty units.