Document ID: chunk:federal_register_of_legislation:C2024C00749:section:182:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 182 (pt 1/2)
Character Range: 614652–617353

182  Secondary disclosure/use offence: disclosures under Division 4
 (1) A person commits an offence if:
 (a) information or a document is disclosed to the person as permitted by Division 4 or 4A; and
 (b) the person discloses or uses the information or document.
Penalty: Imprisonment for 2 years.

Exempt disclosures
 (2) Paragraph (1)(b) does not apply to a disclosure of non‑missing person information if:
 (a) the disclosure is reasonably necessary:
 (i) for a person to comply with his or her obligations under section 185D or 185E; or
 (ii) for the performance by the Organisation of its functions; or
 (iii) for the enforcement of the criminal law; or
 (iiia) for the purposes of Division 105A of the Criminal Code (post‑sentence orders); or
 (iiib) for the purposes of Division 395 of the Criminal Code (community safety orders); or
 (iv) for the enforcement of a law imposing a pecuniary penalty; or
 (v) for the protection of the public revenue; or
 (b) the disclosure is:
 (i) to an IGIS official for the purpose of exercising a power, or performing a function or duty, as an IGIS official; or
 (ii) by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, as an IGIS official.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (2A) Paragraph (1)(b) does not apply to a disclosure of missing person information in relation to a missing person if:
 (a) the disclosure is reasonably necessary for the purposes of finding the missing person; or
 (b) the information is disclosed to the person who notified the Australian Federal Police, or a Police Force of a State, of the missing person and:
 (i) the missing person consented to the disclosure; or
 (ii) the missing person is unable to consent, and the disclosure is reasonably necessary to prevent a threat to the missing person's health, life or safety; or
 (iii) the missing person is dead.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

Exempt uses
 (3) Paragraph (1)(b) does not apply to a use of non‑missing person information if:
 (a) the use is reasonably necessary:
 (i) for a person to comply with his or her obligations under section 185D or 185E; or
 (ii) for the enforcement of the criminal law; or
 (iia) for the purposes of Division 105A of the Criminal Code (post‑sentence orders); or
 (iib) for the purposes of Division 395 of the Criminal Code (community safety orders); or
 (iii) for the enforcement of a law imposing a pecuniary penalty; or
 (iv) for the protection of the public revenue;