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NATIONAL HEALTH SECURITY ACT 2007 - SECT 90

Offence relating to protected information

  (1)   A person commits an offence if:

  (a)   the person obtains information; and

  (b)   the information is protected information; and

  (c)   the person makes a record of, or discloses or otherwise uses, the information.

Penalty:   Imprisonment for 2 years.

Note 1:   Chapter   2 of the Criminal Code sets out the principles of criminal responsibility.

Note 2:   For defences to this offence, see sections   91 and 92.

  (2)   Subsection   ( 1) does not apply if the record, disclosure or other use is authorised by this Division.

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

  (3)   A document that contains protected information is an exempt document for the purposes of section   38 of the Freedom of Information Act 1982 .


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