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 contract services 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 provision of the services to which the contract services personal information relates;
(c) a disclosure with the consent of the individual to whom the contract services personal information relates;
(d) a disclosure to the individual to whom the contract services personal information relates;
(e) a disclosure to the Australian Federal Police;
(f) a disclosure to the Australian Customs Service;
(g) a disclosure to any of the following:
(i) the Commonwealth, a State or a Territory;
(ii) the ASC or any sports academy, sports institute, or other similar body, of a State or Territory;
that the ASADA believes provides support (whether direct or indirect and whether by way of financial assistance or otherwise) to the individual to whom the contract services personal information relates;
(h) 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 contract services 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 contract services personal information to a court, except:
(a) where it is necessary to do so for the purposes of giving effect to:
(i) this Act; or
(ii) a contract for the provision of the services to which the contract services personal information relates; 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.