Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A person commits an offence if—
(a) the person uses information; and
(b) the information is protected information about someone else; and
(c) the person is reckless about whether the information is protected information about someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) A person commits an offence if—
(a) the person does something that divulges information; and
(b) the information is protected information about someone else; and
(c) the person is reckless about whether—
(i) the information is protected information about someone else; and
(ii) doing the thing would result in the information being divulged to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) Subsections (1) and (2) do not apply—
(a) if the information is used or divulged—
(i) under this Act or another law applying in the ACT; or
(ii) in relation to the exercise of a function by a person under this Act or another law applying in the ACT; or
(iii) in a court proceeding; or
(b) to the using or divulging of protected information about a person with the person's consent.
(4) A person need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the ACT.
(5) In this section:
"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
"divulge" includes—
(a) communicate; or
(b) publish.
"produce" includes allow access to.
"protected information" means information about a person that is disclosed to, or obtained by another person because of the exercise, or the purported exercise, of a function under this Act by the other person or someone else.
"use", in relation to information, includes make a record of the information.