Version as at
6 November 2021
Crimes Act 1961
Part 6 s 105C
directly or indirectly, an advantage or a pecuniary gain for himself or herself or
any other person.
Section 105A: inserted, on 1 July 1983, by section 3(1) of the Crimes Amendment Act (No 2) 1982
(1982 No 157).
Section 105A: amended, on 1 July 1993, by section 2 of the Crimes Amendment Act 1993 (1993
No 33).
105B Use or disclosure of personal information disclosed in breach of section
105A
(1)
Every person is liable to imprisonment for a term not exceeding 7 years who,—
(a)
having received personal information (being information that comes into
that person’s possession as a result of the commission of an offence
against section 105A); and
(b)
knowing that the information has been disclosed in contravention of that
section,—
uses or discloses that information to obtain, directly or indirectly, an advantage
or pecuniary gain for that person or any other person.
(2)
It is a defence to a charge under this section if the person charged proves that
the person was legally authorised to use or disclose the information.
(3)
In this section, the term personal information means any information about an
identifiable natural person, including a deceased natural person.
Section 105B: inserted, on 1 July 1993, by section 3(1) of the Crimes Amendment Act 1993 (1993
No 33).
105C Bribery of foreign public official
(1)
In this section and in sections 105D and 105E,—
benefit means any money, valuable consideration, office, or employment, or
any benefit, whether direct or indirect
business includes the provision of international aid
employee, in relation to a body corporate or corporation sole, means an indi‐
vidual who is an employee, agent, director, or officer of that body corporate or
corporation sole
foreign country includes—
(a)
a territory for whose international relations the Government of a foreign
country is responsible; and
(b)
an organised foreign area or entity including an autonomous territory or
a separate Customs territory
foreign government includes all levels and subdivisions of government, such
as local, regional, and national government
foreign public agency means any person or body, wherever situated, that car‐
ries out a public function under the laws of a foreign country
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