Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section restricts what a person (the entrusted public official ) who is or was:
(a) a WEA member; or
(b) a member of WEA staff; or
(c) a person whose services are made available to WEA under section 62; or
(d) the Minister; or
(e) a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984 ;
may do with protected confidential information.
(2) The entrusted public official commits an offence if:
(a) the official has obtained protected confidential information; and
(b) the official discloses the information to another person.
Penalty: Imprisonment for 1 year.
(3) Each of the following is an exception to the prohibition in subsection (2):
(a) the disclosure is with the consent of the person who gave the information;
(b) the disclosure is in accordance with an order of a court;
(c) the disclosure is to any of the following persons, for a purpose in connection with the performance of the functions, or the exercise of the powers, of WEA:
(i) a WEA member;
(ii) a member of WEA staff;
(iii) a person whose services are made available to WEA under section 62;
(d) the disclosure is to the Minister;
(e) the disclosure is authorised by subsection 34(3), (4) or (5);
(f) the disclosure is to a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984 ;
(g) the disclosure is to an APS employee in the Australian Quarantine and Inspection Service, for a purpose that is relevant to the duties of the APS employee;
(h) the disclosure is to a customs officer, for a purpose that is relevant to the duties of the customs officer;
(i) the disclosure is to a member or special member of the Australian Federal Police, for a purpose that is relevant to the duties of the member or special member;
(j) the disclosure is to a member of the police force of a State or Territory, for a purpose that is relevant to the duties of the member;
(k) the disclosure is to the Australian Securities and Investments Commission, for a purpose that is relevant to the functions or powers of the Australian Securities and Investments Commission;
(l) the disclosure is to the Australian Prudential Regulation Authority, for a purpose that is relevant to the functions or powers of the Australian Prudential Regulation Authority;
(m) the disclosure is to the Commissioner of Taxation, for a purpose that is relevant to the functions or powers of the Commissioner of Taxation;
(n) the disclosure is to the ACCC, for a purpose that is relevant to the functions or powers of the ACCC;
(o) the disclosure is to a prescribed agency, for a purpose that is relevant to the functions or powers of the prescribed agency.
Note: The defendant bears an evidential burden in relation to a matter in subsection (3)--see subsection 13.3(3) of the Criminal Code .