§ 46 — 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.

—(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.