148—Unauthorised use or disclosure of information or documents
A person must not use or disclose information or a document obtained under
Division 2 of this Part in an inquiry into a suspected contravention for
a purpose that is not related to the inquiry or rectifying the suspected
contravention, unless—
(a) the
person reasonably believes that the use or disclosure is necessary to lessen
or prevent—
(i)
a serious risk to a person's health or safety; or
(ii)
a serious threat to public health or safety; or
(b) the
person has reason to suspect that unlawful activity has been, is being or may
be engaged in, and uses or discloses the information or document as a
necessary part of an investigation of the matter or in reporting concerns to
relevant persons or authorities; or
(c) the
use or disclosure is required or authorised by or under law; or
(d) the
person reasonably believes that the use or disclosure is reasonably necessary
for one or more of the following by, or on behalf of, an enforcement body
(within the meaning of the Privacy Act 1988 of the Commonwealth):
(i)
the prevention, detection, investigation, prosecution or
punishment of criminal offences, breaches of a law imposing a penalty or
sanction or breaches of a prescribed law;
(ii)
the enforcement of laws relating to the confiscation of
the proceeds of crime;
(iii)
the protection of the public revenue;
(iv)
the prevention, detection, investigation or remedying of
seriously improper conduct or prescribed conduct;
(v)
the preparation for, or conduct of, proceedings before
any court or tribunal, or implementation of the orders of a court or tribunal;
or
(e) if
the information is, or the document contains, personal information—the
use or disclosure is made with the consent of the individual to whom the
information relates.
Maximum penalty:
(a) in
the case of an individual—$10 000;
(b) in
the case of a body corporate—$50 000.