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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 43

Disclosing identifying information

  (1)   A person commits an offence if:

  (a)   the person's conduct causes disclosure of identifying information; and

  (b)   the disclosure is not a permitted disclosure.

Penalty:   Imprisonment for 2 years, or 120 penalty units, or both.

  (1A)   If:

  (a)   a disclosure of identifying information is made to a person who is not an entrusted person; and

  (b)   the disclosure is a permitted disclosure;

this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.

Note 1:   A defendant bears an evidential burden in relation to the matter in subsection   (1A) (see subsection   13.3(3) of the Criminal Code ).

Note 2:   Australian Privacy Principle   6 may apply to further disclosures of that identifying information by a person who is not an entrusted person.

  (1B)   This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1B) (see subsection   13.3(3) of the Criminal Code ).

  (2)   A permitted disclosure is a disclosure that:

  (b)   is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or

  (c)   is for the purpose of administering or managing the storage of identifying information; or

  (d)   is for the purpose of making the identifying information in question available to the person to whom it relates; or

  (da)   is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or

  (e)   takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or

  (ea)   is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or

  (eb)   is required by an Australian law; or

  (f)   is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or

  (g)   is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or

  (h)   takes place with the written consent of the person to whom the identifying information in question relates.


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