Commonwealth Consolidated Acts

RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 148

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)   there is a risk that the use or disclosure might substantially prejudice the commercial interests of another person.

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

Exception--authorised use or disclosure

  (2)   Subsection   (1) does not apply if the use or disclosure is authorised by section   149 (authorised uses and disclosures).

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

Definition of protected information

  (3)   Protected information is information that was disclosed or obtained under or for the purposes of this Act.