Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 580

Unauthorised use or disclosure

  (1)   A person contravenes this subsection if:

  (a)   the person is, or has been, an entrusted person or a person covered by subsection   (2); and

  (b)   the person has obtained or generated information in the course of or for the purposes of:

  (i)   performing functions or duties, or exercising powers, under this Act; or

  (ii)   assisting another person to perform functions or duties, or exercise powers, under this Act; and

  (c)   the information is protected information; and

  (d)   the person uses or discloses the information.

Note:   The physical elements of offences against subsections   (5) and (6) are set out in this subsection   (see section   534).

  (2)   The following persons are covered by this subsection:

  (a)   a person employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth;

  (b)   a biosecurity official;

  (c)   a chief human biosecurity officer;

  (d)   a human biosecurity officer;

  (e)   a biosecurity industry participant or an officer or employee of a biosecurity industry participant;

  (f)   a survey authority or an officer or employee of a survey authority;

  (g)   a person who has carried out, or is carrying out, an audit under section   436.

Exception--required or authorised by law

  (3)   Subsection   (1) does not apply if the use or disclosure of the information is required or authorised by:

  (a)   this Act or another law of the Commonwealth; or

  (b)   a law of a State or Territory prescribed by regulations made for the purposes of this paragraph.

Note:   A defendant bears an evidential burden in relation to the matters in this subsection   (see subsection   13.3(3) of the Criminal Code and section   96 of the Regulatory Powers Act).

Exception--good faith

  (4)   Subsection   (1) does not apply if the person uses or discloses the information in good faith:

  (a)   in the purported performance of functions or duties, or the purported exercise of powers, under this Act; or

  (b)   in assisting another person in the purported performance of the other person's functions or duties, or the purported exercise of the other person's powers, under this Act.

Note:   A defendant bears an evidential burden in relation to the matters in this subsection   (see subsection   13.3(3) of the Criminal Code and section   96 of the Regulatory Powers Act).

Fault - based offence

  (5)   A person commits an offence if the person contravenes subsection   (1).

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

Strict liability offence

  (6)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   60 penalty units.

Civil penalty provision

  (7)   A person is liable to a civil penalty if the person contravenes subsection   (1).

Civil penalty:   120 penalty units.