Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23yo:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23YO (pt 1/2)
Character Range: 1252360–1255198

23YO  Disclosure of information
 (1) A person commits an offence if:
 (a) the person has access to any information stored on the Commonwealth DNA database system or NCIDD or to any other information revealed by a forensic procedure carried out on a suspect, offender or volunteer; and
 (b) the person's conduct causes the disclosure of information other than as provided by this section; and
 (c) the person is reckless as to any such disclosure.
Penalty: Imprisonment for 2 years.
 (1A) Paragraph (1)(a) does not apply to access to information stored on NCIDD in the circumstances permitted by subsection 23YDACA(2).
 (2) A person may only disclose information stored on the Commonwealth DNA database system or NCIDD for one or more of the following purposes:
 (a) the purposes of forensic comparison in the course of a criminal investigation by a constable or other person prescribed by the regulations;
 (b) the purposes of making the information available, in accordance with the regulations, to the person to whom the information relates;
 (c) the purposes of administering the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system;
 (d) the purposes of any arrangement mentioned in subsection 23YUD(1) or (1A) entered into between the Commonwealth and a State or Territory for the provision of access to information contained in the Commonwealth DNA database system or a State/Territory DNA database system by law enforcement officers or by any other persons prescribed by the regulations;
 (da) the purposes of assisting a foreign country or international tribunal to decide whether to make a request;
 (e) the purposes of, and in accordance with, the Mutual Assistance in Criminal Matters Act 1987, the International Criminal Court Act 2002, the International War Crimes Tribunals Act 1995 or the Extradition Act 1988;
 (f) the purpose of a coronial inquest or inquiry;
 (g) the purposes of an investigation by the Information Commissioner or the Ombudsman of the Commonwealth or of a participating jurisdiction.
 (3) A person may only disclose information revealed by the carrying out of a forensic procedure as follows:
 (a) if the person is the suspect, offender or volunteer to whom the information relates;
 (b) if the information is already publicly available;
 (c) in accordance with any other provision of this Part;
 (d) in accordance with the Mutual Assistance in Criminal Matters Act 1987, the International Criminal Court Act 2002, the International War Crimes Tribunals Act 1995 or the Extradition Act 1988;
 (e) for the purposes of the investigation of any offence or offences generally;
 (f) for the purpose of a decision whether to institute proceedings for any offence;
 (g) for the purpose of proceedings for any offence;
 (h) for the purpose of a coronial inquest or inquiry;
 (i) for