78
NO. 28 OF 2021
- (h) there was no better practicable means than was in fact used to comply with the Part 3 direction.
Non-disclosure of technical assistance directions
46.—(1) A person commits an offence if—
- (a) the person discloses information without the prior approval of the competent authority;
- (b) the person is or was—
- (i) a person to whom a technical assistance direction under this Part is given; or
- (ii) an employee or a contractor of a person to whom a technical assistance direction under this Part is given; and
- (c) the information is—
- (i) information contained in, derived or obtained in accordance with the technical assistance direction; or
- (ii) information about acts done or omissions taking place in accordance with the direction.
(2) A person who is guilty of an offence under subsection (1) involving a technical assistance direction shall be liable on conviction—
- (a) where the person is a proprietor of an online location—
- (i) if an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; or
- (ii) in any other case, to a fine not exceeding $500,000; or
- (b) in any other case—
- (i) if an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or
- (ii) in any other case, to a fine not exceeding $1 million.
