Section 67D — National Disability Insurance Scheme Act 2013: Offering to supply protected Commission information etc.

Offering to supply protected Commission information—offence (1) A person commits an offence if: (a) the person offers to supply (whether to a particular person or otherwise) information about another person; and (b) the person knows the information is protected Commission information. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Offering to supply protected Commission information—civil penalty (1A) A person contravenes this subsection if: (a) the person offers to supply (whether to a particular person or otherwise) information about another person; and (b) the information is protected Commission information. Civil penalty: 120 penalty units. Persons holding themselves out as able to supply protected Commission information—offence (2) A person commits an offence if: (a) the person holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and (b) the person knows the information is protected Commission information. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Persons holding themselves out as able to supply protected Commission information—civil penalty (2A) A person contravenes this subsection if: (a) the person holds themselves out as being able to supply (whether to a particular person or otherwise) information about another person; and (b) the information is protected Commission information. Civil penalty: 120 penalty units. Exception—performing or exercising duties, functions or powers under this Act (3) Subsections (1), (1A), (2) and (2A) do not apply to a person acting in the performance or exercise of the person’s duties, functions or powers under this Act. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.