Commonwealth Numbered Acts Commonwealth Numbered Acts(1) A person commits an offence if:
(a) the person makes a record of, discloses or otherwise uses information; and
(b) the information was acquired by the person in the course of performing functions or exercising powers conferred for the purposes of an information commissioner function, a freedom of information function or a privacy function.
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(2) This section does not apply if:
(a) the person records, discloses or otherwise uses the information in the course of performing the same functions or exercising the same powers as those in the course of which the information was acquired; or
(b) the person acquires the information for any other lawful purpose; or
(c) the person to whom the information relates consents to the recording, disclosure or use of the information.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(3) A person to whom this section applies must not be required to do either of the following unless that disclosure or production is necessary for the purposes of this Act:
(a) disclose to a court information that the person acquired in the course of performing functions or exercising powers under this Act for the purposes of another Act (or an instrument under another Act) that confers an information commissioner function, a freedom of information function or a privacy function;
(b) produce all or part of a document that contains information of that kind to a court.
(4) For the purposes of subsection (3), court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.