Document ID: chunk:federal_register_of_legislation:C2023A00055:section:55
Version: federal_register_of_legislation:C2023A00055
Segment Type: section
Provision Reference: s 55
Character Range: 63322–65189

55  Confidentiality of identity of disclosers
 (1) A person contravenes this subsection if:
 (a) an individual (the discloser) makes a disclosure of information (the qualifying disclosure) that qualifies for protection under section 54; and
 (b) the person discloses any of the following (the confidential information):
 (i) identifying information about the discloser;
 (ii) any other information that is likely to lead to the identification of the discloser; and
 (c) the confidential information is information that the 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).
 (2) A disclosure referred to in paragraph (1)(b) is authorised under this subsection if:
 (a) the disclosure is made to a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
 (b) the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Subdivision; or
 (c) the disclosure is made with the consent of the discloser; or
 (d) the disclosure is made to a person or body prescribed by the regulations; or
 (e) both of the following apply:
 (i) the confidential information is in the public domain before the disclosure is made;
 (ii) the original disclosure of the confidential information into the public domain (before the disclosure is made) was not in contravention of subsection (1).

Fault‑based offence
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Civil penalty
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 100 penalty units.

Subdivision B—Protection from victimisation