Commonwealth Consolidated Acts

DATA AVAILABILITY AND TRANSPARENCY ACT 2022 - SECT 14

Civil penalty provisions

  (1)   An entity contravenes this subsection if:

  (a)   the entity provides access to data; and

  (b)   the provision of access is purportedly under section   13; and

  (c)   the provision of access is not authorised by section   13.

Civil penalty:   300 penalty units.

  (2)   An individual or a body corporate contravenes this subsection if:

  (a)   the individual or body corporate uses data; and

  (b)   the use is a provision of access to the data by an entity under, or purportedly under, section   13; and

  (c)   the individual has a designated relationship with the entity, or the body corporate is party to an approved contract with the entity; and

  (d)   the individual or body corporate's use is not authorised by this Act.

Civil penalty:   300 penalty units.

Offences

  (3)   An entity commits an offence if:

  (a)   the entity provides access to data; and

  (b)   the provision of access is purportedly under section   13; and

  (c)   the provision of access is not authorised by section   13 and the entity is reckless with respect to that circumstance.

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

  (4)   An individual or a body corporate commits an offence if:

  (a)   the individual or body corporate uses data; and

  (b)   the use is a provision of access to the data by an entity under, or purportedly under, section   13; and

  (c)   the individual has a designated relationship with the entity, or the body corporate is party to an approved contract with the entity; and

  (d)   the individual or body corporate's use is not authorised by this Act and the individual or body corporate is reckless with respect to that circumstance.

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.