Commonwealth Consolidated Acts

INSPECTOR-GENERAL OF ANIMAL WELFARE AND LIVE ANIMAL EXPORTS ACT 2019 - SECT 31

Fault - based offence

  (1)   A person commits an offence if:

  (a)   the person obtains protected information in the course of, or for the purposes of, performing functions or duties or exercising powers under this Act; and

  (b)   the person uses or discloses the information; and

  (c)   the use or disclosure is not authorised by a provision in this Part or by rules made for the purposes of section   30.

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

Exception for use or disclosure in good faith

  (2)   Subsection   (1) does not apply to a person to the extent that the person uses or discloses protected information in good faith and in purported compliance with a provision in this Part or with rules made for the purposes of section   30.

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