Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) 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 communicate.
"person to whom this section applies" means a person who—
(a) is or has been—
(i) a member of the advisory committee; or
(ii) anyone acting under the direction or authority of the advisory committee; or
(b) 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, or purported exercise, of a function under this Act by the person or someone else.
(2) A person to whom this section applies commits an offence if—
(a) the person—
(i) makes a record of protected information about someone else; and
(ii) is reckless about whether the information is protected information about someone else; or
(b) the person—
(i) does something that divulges protected information about someone else; and
(ii) is reckless about whether—
(A) the information is protected information about someone else; and
(B) 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) Subsection (2) does not apply if the record is made, or the information is divulged—
(a) under this Act or another territory law; or
(b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or
(c) in a court proceeding; or
(d) to a person administering or enforcing a corresponding law of a local jurisdiction.
Note Corresponding law —see the dictionary.
(4) Subsection (2) does not apply to the divulging of protected information about someone with the person's consent.