Document ID: chunk:federal_register_of_legislation:C2025C00180:section:14zzw
Version: federal_register_of_legislation:C2025C00180
Segment Type: section
Provision Reference: s 14ZZW
Character Range: 288200–290136

14ZZW  Confidentiality of whistleblower's identity
 (1) A person (the first person) commits an offence if:
 (a) another person (the discloser) makes a disclosure of information (the qualifying disclosure) that qualifies for protection under this Part; and
 (b) the first person discloses any of the following (the confidential information):
 (i) the identity of the discloser;
 (ii) information that is likely to lead to the identification of the discloser; and
 (c) the confidential information is information that the first person obtained directly or indirectly because of the qualifying disclosure; and
 (d) the disclosure referred to in paragraph (b) is not authorised under subsection (2).
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
 (2) A disclosure referred to in paragraph (1)(b) is authorised under this subsection if it:
 (a) is made to the Commissioner; or
 (b) is made to a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
 (c) is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Part; or
 (d) is made to a person or body prescribed by the regulations for the purposes of this paragraph; or
 (e) is made with the consent of the discloser.
 (3) Subsection (1) does not apply if:
 (a) the disclosure referred to in paragraph (1)(b):
 (i) is not of the identity of the discloser; and
 (ii) is reasonably necessary for the purposes of investigating misconduct, or an improper state of affairs or circumstances, to which the qualifying disclosure relates; and
 (b) the first person takes all reasonable steps to reduce the risk that the discloser will be identified as a result of the disclosure referred to in paragraph (1)(b).
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.