Document ID: chunk:federal_register_of_legislation:C2025C00132:section:15hk:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 15HK (pt 2/3)
Character Range: 592384–595212

5.6 of the Criminal Code.
Penalty: Imprisonment for 10 years.

Exceptions—general
 (2) Subsections (1) to (1E) do not apply if the disclosure was:
 (a) in connection with the administration or execution of this Part; or
 (b) for the purposes of any legal proceedings arising out of or otherwise related to this Part or of any report of any such proceedings; or
 (c) for the purposes of obtaining legal advice in relation to the controlled operation; or
 (d) in accordance with any requirement imposed by law; or
 (e) in connection with the performance of functions or duties, or the exercise of powers, of a law enforcement agency.
Note: A defendant bears an evidential burden in relation to the matters in this subsection—see subsection 13.3(3) of the Criminal Code.

Exceptions—integrity testing controlled operation authority
 (2A) Subsections (1) to (1E) do not apply, in the case of a controlled operation authorised by an integrity testing controlled operation authority (granted on the basis that an integrity testing authority is in effect), if the disclosure was:
 (a) in any of the circumstances mentioned in paragraphs (2)(a) to (e); or
 (b) in connection with the administration or execution of Part IABA, or the National Anti‑Corruption Commission Act 2022, in relation to the integrity testing authority; or
 (c) for the purposes of any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, the controlled operation; or
 (d) in relation to the integrity testing authority:
 (i) for the purposes of any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, an integrity testing operation authorised by the authority; or
 (ii) to an authority of the Commonwealth, a State or a Territory, if the disclosure relates to the misconduct of an employee or officer of the authority.
Note: A defendant bears an evidential burden in relation to the matters in this subsection—see subsection 13.3(3) of the Criminal Code.

Exception—misconduct
 (3) Subsections (1) to (1E) do not apply if:
 (a) the person (the discloser) discloses the information to the Ombudsman, the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission; and
 (b) the discloser informs the person to whom the disclosure is made of the discloser's identity before making the disclosure; and
 (c) the information concerns:
 (i) a corruption issue (within the meaning of the National Anti‑Corruption Commission Act 2022) or a NACC corruption issue (within the meaning of that Act) in relation to a controlled operation; or
 (ii) misconduct in relation to a controlled operation; and
 (d) the discloser considers that the information may assist a person referred to in paragraph