Australian Capital Territory Numbered Acts

INFORMATION PRIVACY ACT 2014 (NO. 24 OF 2014) - SECT 53

    (1)     A person to whom this section applies commits an offence if—

        (a)     the person uses information; and

        (b)     the information is protected information about someone else; and

        (c)     the person is reckless about whether the information is protected information about someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     A person to whom this section applies commits an offence if—

        (a)     the person does something that divulges information; and

        (b)     the information is protected information about someone else; and

        (c)     the person is reckless about whether—

              (i)     the information is protected information about someone else; and

              (ii)     doing the thing would result in the information being divulged to someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     Subsections (1) and (2) do not apply—

        (a)     if the information is used or divulged—

              (i)     under this Act or another territory law; or

              (ii)     in relation to the exercise of a function by a person to whom this section applies under this Act or another territory law; or

              (iii)     in a court proceeding; or

        (b)     to the using or divulging of protected information about a person with the person's consent.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code

, s 58).

    (4)     A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law in force in the ACT.

    (5)     In this section:

"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

"divulge "includes—

        (a)     communicate; or

        (b)     publish.

"person to whom this section applies" means a person who exercises, or has exercised, a function under this Act.

"produce" includes allow access to.

"protected information" means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.

"use", in relation to information, includes make a record of the information.