Document ID: chunk:federal_register_of_legislation:C2025C00132:section:15hk:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 15HK (pt 1/3)
Character Range: 589774–592628

15HK  Unauthorised disclosure of information

Disclosures by entrusted persons
 (1) A person commits an offence if:
 (a) the person is, or has been, an entrusted person; and
 (b) information came to the knowledge or into the possession of the person in the person's capacity as an entrusted person; and
 (c) the person discloses the information; and
 (d) the information relates to a controlled operation.
Note: Recklessness is the fault element for paragraphs (1)(b) and (d)—see section 5.6 of the Criminal Code.
Penalty: Imprisonment for 2 years.
 (1A) Strict liability applies to paragraph (1)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (1B) A person commits an offence if:
 (a) the person is, or has been, an entrusted person; and
 (b) information came to the knowledge or into the possession of the person in the person's capacity as an entrusted person; and
 (c) the person discloses the information; and
 (d) the information relates to a controlled operation; and
 (e) either or both of the following subparagraphs apply:
 (i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of a controlled operation;
 (ii) the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a controlled operation.
Note: Recklessness is the fault element for paragraphs (1B)(b) and (d) and subparagraph (1B)(e)(ii)—see section 5.6 of the Criminal Code.
Penalty: Imprisonment for 10 years.
 (1C) Strict liability applies to paragraph (1B)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.

Other disclosures
 (1D) A person commits an offence if:
 (a) the person discloses information; and
 (b) the information relates to a controlled operation; and
 (c) the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a controlled operation.
Note: Recklessness is the fault element for paragraphs (1D)(b) and (c)—see section 5.6 of the Criminal Code.
Penalty: Imprisonment for 2 years.
 (1E) A person commits an offence if:
 (a) the person discloses information; and
 (b) the information relates to a controlled operation; and
 (c) either or both of the following subparagraphs apply:
 (i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of a controlled operation;
 (ii) the person knows that the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a controlled operation.
Note: Recklessness is the fault element for paragraph (1E)(b)—see section 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