Australian Capital Territory Current Acts

PROFESSIONAL ENGINEERS ACT 2023 - SECT 77

[ Note: This provision was uncommenced at republication date. ]

    (1)     A person commits an offence if—

        (a)     the person uses information; and

        (b)     the information is protected information about someone else; and

        (c)     the person is reckless about whether the information is protected information about someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     A person commits an offence if—

        (a)     the person does something that divulges information; and

        (b)     the information is protected information about someone else; and

        (c)     the person is reckless about whether—

              (i)     the information is protected information about someone else; and

              (ii)     doing the thing would result in the information being divulged to someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     Subsections (1) and (2) do not apply—

        (a)     if the information is used or divulged—

              (i)     under this Act, another territory law, or another law in force in the Territory; or

              (ii)     in relation to the exercise of a function by a public official under this Act or another territory law; or

              (iii)     in a court proceeding; or

        (b)     to the using or divulging of protected information about a person with the person's consent.

    (4)     A public official need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law in force in the Territory.

    (5)     In this section:

"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

"divulge" includes—

        (a)     communicate; or

        (b)     publish.

"produce" includes allow access to.

"protected information" means information about a person that is disclosed to, or obtained by a public official because of the exercise, or the purported exercise, of a function under this Act by the public official or someone else.

"use", in relation to information, includes make a record of the information.