Commonwealth Consolidated Acts

PAYMENT TIMES REPORTING ACT 2020 - SECT 46

Fault - based offence

  (1)   A person commits an offence if:

  (a)   the person is or was an entrusted person; and

  (b)   the person obtains protected information in the person's capacity as an entrusted person; and

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

  (d)   the use or disclosure is not authorised by a provision of this Part.

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.

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