(1) An entity commits an offence if:
(a) the entity acquires protected ACNC information; and
( b ) the entity acquire d the protected ACNC information otherwise than as an ACNC officer ; and
( c ) the acquisition occurred because of a disclosure or use of the protected ACNC information under an exception in Subdivision 150 - C , or section 150 - 60 , for a purpose specified in that exception ; and
( d ) the entity:
(i) discloses the protected ACNC i nformation to another entity ( other than an entity covered by subsection ( 2) ); or
(ii) uses the protected ACNC 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 to 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) Sections 150 - 60 and 150 - 65 provide for exceptions 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 ) .