Commonwealth Consolidated Acts

BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 - SECT 70

  (1)   A person commits an offence if:

  (a)   the person:

  (i)   obtains or generates information in the course of making a decision whether to issue a building energy efficiency certificate; or

  (ii)   obtains or generates information in, or in connection with, an audit conducted under Part   4; or

  (iii)   obtains or generates information in the course of exercising powers or performing functions under this Act; or

  (iv)   obtains or generates information in the course of exercising powers or performing function under the Regulatory Powers Act, as it applies in relation to this Act; and

  (b)   the person does any of the following:

  (i)   copies, or makes a record of, the information;

  (ii)   uses the information;

  (iii)   discloses the information to any person.

Penalty:   Imprisonment for 2 years.

  (2)   Subsection   (1) does not apply if:

  (a)   the information is copied, recorded, used or disclosed for the purposes of issuing a building energy efficiency certificate; or

  (b)   the information is copied, recorded, used or disclosed in, or in connection with, an audit conducted under Part   4; or

  (c)   the information is copied, recorded, used or disclosed for the purposes of ensuring compliance with this Act; or

  (d)   the information is copied, recorded, used or disclosed in circumstances in which the conduct is permitted, either expressly or by implication, under this Act; or

  (e)   the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against section   137.1 or 137.2 of the Criminal Code (false or misleading information or documents) that relates to this Act; or

  (f)   the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against section   149.1 of the Criminal Code (obstruction of Commonwealth public officials) that relates to this Act; or

  (g)   the information is copied, recorded, used or disclosed for the purposes of producing de - identified information for the purposes of research or planning; or

  (h)   the information is already publicly available.

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