Commonwealth Numbered Acts Commonwealth Numbered Acts(1) A person commits an offence if:
(a) the person is or was an entrusted person; and
(b) when the person was an entrusted person, the person obtained NAD scheme personal information; and
(c) the person discloses the information to someone else.
Penalty: Imprisonment for 2 years.
(2) Each of the following is an exception to the prohibition in subsection (1):
(a) a disclosure for the purposes of this Act;
(b) a disclosure for the purposes of the NAD scheme;
(c) a disclosure with the consent of the individual to whom the NAD scheme personal information relates;
(d) a disclosure to the individual to whom the NAD scheme personal information relates;
(e) a disclosure to the Australian Federal Police;
(f) a disclosure to the Australian Customs Service;
(g) a disclosure prescribed by the regulations.
Note 1: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
Note 2: For prescribing by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(3) If a disclosure of NAD scheme personal information is covered by subsection (2), the disclosure is authorised by this section.
(4) An entrusted person is not to be required to disclose NAD scheme personal information to a court, except:
(a) where it is necessary to do so for the purposes of giving effect to this Act or the NAD scheme; or
(b) for the purposes of a criminal proceeding (including a proceeding to determine whether a person should be tried for an offence).
For this purpose, court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.