Section 35Part 5 — DISCLOSURE OF EXPUNGED RECORDS
Unauthorised disclosure of expunged criminal record
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A person —
who, in the course of official duties, has or has had custody of or access to information constituting part of a criminal record; or
who, knowing or having reasonable cause to suspect that any such information was obtained in the course of the official duties,
discloses that information to any other person, commits an offence and is liable on summary conviction to a fine of five thousand dollars.
In proceedings for an offence under subsection (1) it is a defence for the accused person to show that the disclosure was made to —
the person whose criminal record has been expunged or to another person at the express written request of the person whose criminal record has been expunged;
a person whom the accused reasonably believed to be the person whose criminal record has been expunged; or
another person at the express written request of a person whom the accused reasonably believed to be the person whose criminal record had been expunged.
A person who obtains any information from an expunged criminal record by means of fraud, dishonesty or a bribe commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of six months, or to both.