Commonwealth Consolidated Acts

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BUSINESS NAMES REGISTRATION ACT 2011 - SECT 77

Protection of confidentiality of information

  (1)   A person who obtains information in the course of performing functions or exercising powers under this Act or the Transitional Act must not:

  (a)   make a record of the information; or

  (b)   use the information; or

  (c)   disclose the information.

Penalty:   Imprisonment for 1 year.

  (2)   Subsection   (1) does not apply if:

  (a)   the information is recorded, used or disclosed for the purposes of performing functions or exercising powers under this Act or the Transitional Act; or

  (b)   the information is recorded, used or disclosed in accordance with a provision of this Act or the Transitional Act; or

  (c)   the information is recorded, used or disclosed with the consent of the entity that provided the information; or

  (d)   the information is given to a court or tribunal.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (2): see subsection   13.3(3) of the Criminal Code .

  (3)   A person commits an offence if:

  (a)   information is made available to a government body or to an intelligence or security agency under section   62; and

  (b)   a person obtains the information in the course of performing functions or exercising powers for the body or agency; and

  (c)   the person would not have had access to the information if it had not been made available to the body or agency under section   62; and

  (d)   the person records, uses or discloses the information for a purpose other than that for which it was made available; and

  (e)   the person is reckless as to whether the purpose for which the information is recorded, used or disclosed is that for which it was made available.

Penalty:   Imprisonment for 6 months.

Note:   Where a fault element for a physical element of an offence is not stated, see section   5.6 of the Criminal Code for the appropriate fault element.

  (4)   Subsection   (3) does not apply if:

  (a)   the person discloses the information to another person; and

  (b)   the disclosure is reasonably necessary for:

  (i)   the enforcement of the criminal law; or

  (ii)   the enforcement of a law imposing a pecuniary penalty; or

  (iii)   the protection of the public revenue.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (4): see subsection   13.3(3) of the Criminal Code .

  (5)   Subsections   (1) and (3) are not intended to have an operation that would infringe an implied constitutional immunity of a referring/adopting State.


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