Commonwealth Consolidated Acts

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 99

  (1)   A person commits an offence if:

  (a)   the person:

  (i)   obtains information; or

  (ii)   makes a record of information; or

  (iii)   discloses information to another person; or

  (iv)   uses information; and

  (b)   the person is not authorised or required by or under this Act:

  (i)   to obtain the information; or

  (ii)   to make the record of the information; or

  (iii)   to disclose the information; or

  (iv)   to use the information; and

  (c)   the information is protected information.

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

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

  (a)   the person did not obtain the information under, for the purposes of, or in connection with, the scheme; or

  (b)   the person had already obtained the information before the person obtained the information under, for the purposes of, or in connection with, the scheme.

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