Commonwealth Consolidated Acts

AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 150.25

  (1)   An entity commits an offence if:

  (a)   the entity is, or has been, an ACNC officer; and

Note:   This Division applies to certain other entities in the same way as it applies to ACNC officers ( see section   150 - 10 ) .

  (b)   the entity has acquired protected ACNC information in the entity ' s capacity as an ACNC officer; and

  (c)   the entity:

  (i)   discloses the information to another entity, other than an entity covered by subsection   ( 2 ); or

  (ii)   uses the information.

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

  ( 2 )   This subsection covers the following entities:

  (a)   the entity to whom the information relates;

  (b)   if the entity to whom the information relates has an agent in relation t o the information--the agent;

  (c)   if the entity to whom the information relates is a registered entity--a responsible entity of that registered entity .

  (3)   Subdivision   150 - C provides for exception s to the prohibition in subsection   ( 1).

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