# Accessing identifying information

> act-s336C — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

336C Accessing identifying information
          (1) A person commits an offence if:
               (a) the person accesses identifying information; and
               (b) the person is not authorised under section 336D to access the
                   identifying information for the purpose for which the person
                   accessed it.
               Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
        (1A) This section does not apply if the person believes on reasonable
             grounds that the access is necessary to prevent or lessen a serious
             and imminent threat to the life or health of the person or of any
             other person.
               Note:      A defendant bears an evidential burden in relation to the matter in
                          subsection (1A) (see subsection 13.3(3) of the Criminal Code).

          (2) This section does not apply if the access is through a disclosure
              that is a permitted disclosure.
               Note:      A defendant bears an evidential burden in relation to the matter in
                          subsection (2) (see subsection 13.3(3) of the Criminal Code).