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CUSTOMS ACT 1901 - SECT 233BABAF

Using information held by the Commonwealth

Using information to commit offence

  (1)   A person commits an offence if:

  (a)   the person obtains information; and

  (b)   the information is restricted information; and

  (c)   the person uses the information to commit an offence against a law of the Commonwealth, a State or a Territory.

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

  (2)   In a prosecution for an offence against subsection   (1), it is not necessary to prove that the defendant knew that the offence was an offence against a law of the Commonwealth, a State or a Territory.

Disclosing information to another person

  (3)   A person commits an offence if:

  (a)   the person obtains information; and

  (b)   the information is restricted information; and

  (c)   the person discloses the information to another person; and

  (d)   the person is not authorised or required under:

  (i)   this Act; or

  (ii)   the Australian Border Force Act 2015 ;

    to make that disclosure.

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

  (4)   In this section:

"restricted information" means information:

  (a)   held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Acts; and

  (b)   to which access is restricted by an access control system associated with a function of the computer.



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