Commonwealth Numbered Acts Commonwealth Numbered Acts(1) A person commits an offence if:
(a) the person's conduct causes disclosure of identifying information; and
(b) the disclosure is not a permitted disclosure.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
(1A) If:
(a) a disclosure of identifying information is made to a person who is not an entrusted person; and
(b) the disclosure is a permitted disclosure;
this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person.
Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).
Note 2: Paragraph 3 of Information Privacy Principle 11 in section 14 of the Privacy Act 1988 may apply to further disclosures of that identifying information by a person who is not an entrusted person.
(1B) This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code ).
(2) A permitted disclosure is a disclosure that:
(b) is for the purposes of this Act or the regulations or of the Migration Act 1958 or the regulations made under that Act; or
(c) is for the purpose of administering or managing the storage of identifying information; or
(d) is for the purpose of making the identifying information in question available to the person to whom it relates; or
(da) is to an agency of the Commonwealth, a State or a Territory in order to verify that a person is an Australian citizen; or
(e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or
(ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth, a State or a Territory; or
(eb) is required by an Australian law; or
(f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or
(g) is for the purpose of an investigation by the Privacy Commissioner or the Ombudsman relating to action taken by the Department; or
(h) takes place with the written consent of the person to whom the identifying information in question relates.