Commonwealth Numbered Acts Commonwealth Numbered Acts( 1) A person commits an offence if:
(a) the person uses personal information; and
(b) the information was disclosed to an agency, body or person under section 95; and
(c) the use of the information is not for a permitted purpose.
Note: For permitted purpose , see subsection 95(1).
Penalty: Imprisonment for 2 years.
(2) Subsection (1) does not apply if the use is authorised or required by:
(a) a law of the Commonwealth; or
(b) a law of a State or Territory listed in the rules for the purposes of this paragraph.
Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(3) A person commits an offence if:
(a) the person discloses personal information; and
(b) the information was disclosed to an agency, body or person under section 95; and
(c) either or both of the following apply:
(i) the disclosure is not for a permitted purpose;
(ii) the disclosure is to a person who is not an officer or employee of, or engaged by, the agency, body or person to whom the information was disclosed under section 95.
Note: For permitted purpose , see subsection 95(1).
Penalty: Imprisonment for 2 years.
(4) Subsection (3) does not apply if the disclosure is authorised or required by:
(a) a law of the Commonwealth; or
(b) a law of a State or Territory listed in the rules for the purposes of this paragraph.
Note: A defendant bears an evidential burden in relation to a matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).