Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person discloses protected information; and
(i) a licensed interactive wagering service provider; or
(ii) an employee of a licensed interactive wagering service provider; or
(iii) a contracted service provider of a licensed interactive wagering service provider; or
(iv) an employee of a contracted service provider of a licensed interactive wagering service provider; or
(v) the Register operator; or
(vi) an employee of the Register operator; or
(vii) a contracted service provider of the Register operator; or
(viii) an employee of a contracted service provider of the Register operator; or
(x) the Secretary of a Department; or
(xi) an APS employee in a Department; and
(c) the information has come to the person's knowledge, or into the person's possession:
(i) if the person is or was a licensed interactive wagering service provider--in connection with the person's capacity as such a provider; or
(ii) if the person is or was an employee of a licensed interactive wagering service provider--because the person is or was employed by the provider in connection with its business as such a provider; or
(iii) if the person is or was a contracted service provider of a licensed interactive wagering service provider--in connection with the person's business as such a contracted service provider; or
(iv) if the person is or was an employee of a contracted service provider of a licensed interactive wagering service provider--because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or
(v) if the person is or was the Register operator--in connection with the person's capacity as the Register operator; or
(vi) if the person is or was an employee of the Register operator--because the person is or was employed by the Register operator in connection with its business as the Register operator; or
(vii) if the person is or was a contracted service provider of the Register operator--in connection with the person's business as such a contracted service provider; or
(viii) if the person is or was an employee of a contracted service provider of the Register operator--because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or
(ix) if the person is or was an ACMA official--in connection with the person's capacity as an ACMA official; or
(x) if the person is or was the Secretary of a Department--in connection with the person's capacity as the Secretary of that Department; or
(xi) if the person is or was an APS employee in a Department--in connection with the person's capacity as an APS employee in that Department.
Civil penalty provision
(2) A person must not disclose protected information if:
(i) a licensed interactive wagering service provider; or
(ii) an employee of a licensed interactive wagering service provider; or
(iii) a contracted service provider of a licensed interactive wagering service provider; or
(iv) an employee of a contracted service provider of a licensed interactive wagering service provider; or
(v) the Register operator; or
(vi) an employee of the Register operator; or
(vii) a contracted service provider of the Register operator; or
(viii) an employee of a contracted service provider of the Register operator; or
(x) the Secretary of a Department; or
(xi) an APS employee in a Department; and
(b) the information has come to the person's knowledge, or into the person's possession:
(i) if the person is or was a licensed interactive wagering service provider--in connection with the person's capacity as such a provider; or
(ii) if the person is or was an employee of a licensed interactive wagering service provider--because the person is or was employed by the provider in connection with its business as such a provider; or
(iii) if the person is or was a contracted service provider of a licensed interactive wagering service provider--in connection with the person's business as such a contracted service provider; or
(iv) if the person is or was an employee of a contracted service provider of a licensed interactive wagering service provider--because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or
(v) if the person is or was the Register operator--in connection with the person's capacity as the Register operator; or
(vi) if the person is or was an employee of the Register operator--because the person is or was employed by the Register operator in connection with its business as the Register operator; or
(vii) if the person is or was a contracted service provider of the Register operator--in connection with the person's business as such a contracted service provider; or
(viii) if the person is or was an employee of a contracted service provider of the Register operator--because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or
(ix) if the person is or was an ACMA official--in connection with the person's capacity as an ACMA official; or
(x) if the person is or was the Secretary of a Department--in connection with the person's capacity as the Secretary of that Department; or
(xi) if the person is or was an APS employee in a Department--in connection with the person's capacity as an APS employee in that Department.
Civil penalty: 180 penalty units.
(3) Subsections (1) and (2) do not apply if the disclosure was authorised by or under:
(a) subsection (4), (6) or (7); or
(b) section 61NC; or
(c) section 61ND; or
(d) section 61NE; or
(e) section 61NF; or
(f) section 61NG; or
(g) section 61NH; or
(h) Australian Privacy Principle 12; or
(i) Part V of the Freedom of Information Act 1982 .
Note 1: In a prosecution for an offence against subsection (1), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code) .
Note 2: In proceedings for a civil penalty order for a contravention of subsection (2), a defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).
Authorised disclosure--general
(4) A person covered by paragraph (1)(b) or (2)(a) may disclose protected information:
(a) in connection with the administration or execution of this Part; or
(b) for the purposes of ensuring that a licensed interactive wagering service provider complies with this Part; or
(i) any legal proceedings arising out of or otherwise related to this Part; or
(ii) any report of any such proceedings; or
(d) in accordance with any requirement imposed by a law of the Commonwealth, a State or a Territory; or
(e) in connection with the performance of functions, or the exercise of powers, by:
(i) the Register operator; or
(f) for the purpose of obtaining legal advice in relation to this Part.
(5) For the purposes of subsection (4), this Part i ncludes:
(a) the Register rules; and
(b) any other provision of this Act, so far as that other provision relates to this Part or the Register rules; and
(c) the Regulatory Powers Act, so far as that Act relates to this Part; and
(d) the National Self - exclusion Register (Cost Recovery Levy) Act 2019 .
Authorised disclosure--consent
(6) A person covered by paragraph (1)(b) or (2)(a) may disclose protected information that is personal information that relates to an individual if:
(a) the individual has consented to the disclosure; and
(b) the disclosure is in accordance with that consent.
Authorised disclosure--information derived from protected information
(7) The ACMA may disclose personal information derived from protected information if the personal information is de - identified information (within the meaning of the Privacy Act 1988 ).
Offence--extended geographical jurisdiction
(8) Section 15.4 of the Criminal Code (extended
geographical jurisdiction--category D) applies to an offence against
subsection (1).