Document ID: chunk:federal_register_of_legislation:C2023A00068:clause:1_17
Version: federal_register_of_legislation:C2023A00068
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 10309–12392

17  After subsection 127(6)
Insert:
 (7) A person (the officer) commits an offence if:
 (a) the officer is or has been:
 (i) a member of ASIC; or
 (ii) a staff member; or
 (iii) a Commonwealth officer within the meaning of the Crimes Act 1914; and
 (b) the officer intentionally or recklessly, and directly or indirectly:
 (i) discloses information to any person or to a court; or
 (ii) produces a document to any person or to a court; and
 (c) if subparagraph (b)(i) applies—the information is protected information disclosed to, or obtained by, ASIC for the purposes of a function (a FAR‑related function) conferred on ASIC by:
 (i) the Financial Accountability Regime Act 2023; or
 (ii) the Financial Accountability Regime (Consequential Amendments) Act 2023; and
 (d) if subparagraph (b)(ii) applies—the document:
 (i) is protected information and was given or produced to ASIC for the purposes of a FAR‑related function; or
 (ii) contains protected information disclosed to, or obtained by, ASIC for the purposes of a FAR‑related function; and
 (e) the officer acquired the information, or has or had access to the document, as the case may be, in the course of the officer's duties as a member of ASIC, a staff member or a Commonwealth officer within the meaning of the Crimes Act 1914.
Penalty: Imprisonment for 2 years.
 (7A) Subsection (7) does not apply if the disclosure or production constitutes authorised disclosure of the protected information for the purposes of subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (8) A document is an exempt document for the purposes of section 38 of the Freedom of Information Act 1982 if the document:
 (a) is protected information and was given or produced to ASIC; or
 (b) contains protected information disclosed to, or obtained by, ASIC;
for the purposes of a function conferred on ASIC by:
 (c) the Financial Accountability Regime Act 2023; or
 (d) the Financial Accountability Regime (Consequential Amendments) Act 2023.