Document ID: chunk:federal_register_of_legislation:C2025C00049:section:101
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 101
Character Range: 145775–147515

101  Offence—use or disclosure of investigation material
 (1) A person commits an offence if:
 (a) the person uses or discloses investigation material (whether or not the person is the first to do so); and
 (b) the use or disclosure contravenes a direction under section 100; and
 (c) the use or disclosure is not authorised by or under this Act.
Penalty: Imprisonment for 2 years.
 (2) Strict liability applies to paragraph (1)(c).
 (2A) Subsection (1) does not apply in relation to the disclosure of investigation material by the witness:
 (a) to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the corruption investigation to which the investigation material relates; or
 (b) to a legal aid officer for the purpose of seeking assistance in relation to the investigation; or
 (c) to a medical practitioner or psychologist for the purpose of obtaining medical or psychiatric care, treatment or counselling (including psychological counselling).
Note: A defendant bears an evidential burden in relation to the matters in subsection (2A): see subsection 13.3(3) of the Criminal Code.
 (2B) Subsection (1) does not apply to the use or disclosure of investigation material by a legal practitioner for the purpose of:
 (a) obtaining the agreement of a person as mentioned in subsection 115(3) to the legal practitioner disclosing advice or a communication; or
 (b) giving legal advice to, or making representations on behalf of, the witness.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2B): see subsection 13.3(3) of the Criminal Code.
 (3) Subsection (1) has effect despite section 32AC of the Inspector‑General of Intelligence and Security Act 1986.