Document ID: chunk:federal_register_of_legislation:C2024C00566:section:67:p1
Version: federal_register_of_legislation:C2024C00566
Segment Type: section
Provision Reference: s 67 (pt 1/2)
Character Range: 83502–86261

67  Offence—copying, recording, using or disclosing protected information
 (1) A person commits an offence if:
 (a) the person obtains or generates information or a document in the course of exercising powers or performing functions under this Act, or assisting another person in the exercise of powers or performance of functions under this Act; and
 (b) the information is protected information; and
 (c) the person does any of the following:
 (i) copies, or makes a record of, the information;
 (ii) uses the information;
 (iii) discloses the information to any person or to a court, a tribunal or a coroner.
Penalty: Imprisonment for 2 years.
 (2) Subsection (1) does not apply if:
 (a) the information is copied, recorded, used or disclosed in circumstances in which that conduct is permitted, either expressly or by implication, under this Act; or
 (b) the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against this Act; or
 (c) the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) that relates to this Act; or
 (d) the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against section 149.1 of the Criminal Code (obstruction of Commonwealth public officials) that relates to this Act; or
 (e) the information is disclosed to a court in a civil proceeding or to a coronial inquiry in relation to which:
 (i) the Minister issues a certificate under subsection (3); and
 (ii) the court or coroner makes an order under subsection (5); or
 (f) the information is disclosed to a court in a criminal proceeding in relation to which:
 (i) the Minister issues a certificate under subsection (4); and
 (ii) the court makes an order under subsection (5).
Note: A defendant bears an evidential burden in relation to a matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) The Minister may issue a certificate in relation to the disclosure of protected information in a civil proceeding or a coronial inquiry, stating that the disclosure of the information is not likely to interfere with an inquiry conducted in accordance with a direction of the Minister under section 11.
 (4) The Minister may issue a certificate in relation to the disclosure of protected information, stating that the disclosure of the information in a criminal proceeding is not likely to interfere with an inquiry conducted in accordance with a direction of the Minister under section 11, if:
 (a) the criminal proceeding is in relation to an alleged offence against a law of the Commonwealth, or of a State or Territory,