Document ID: chunk:federal_register_of_legislation:C2024C00566:section:37:p2
Version: federal_register_of_legislation:C2024C00566
Segment Type: section
Provision Reference: s 37 (pt 2/2)
Character Range: 47524–49130

assistant may, for the purposes of an inquiry conducted in accordance with a direction of the Minister under section 11, disclose OBR information, or restricted information given to the Inspector by the ATSB, without the prior agreement of the Chief Commissioner of the ATSB, if, after consultation with the ATSB, the Chief Commissioner of the ATSB is of the opinion that the disclosure may:
 (a) compromise an investigation that is being conducted by the ATSB; or
 (b) have a substantial adverse effect on the proper and efficient conduct of the operations of the ATSB.
 (8) A person commits an offence if:
 (a) restricted information that was given to the Inspector by the ATSB is disclosed to the person; and
 (b) the information is disclosed in circumstances permitted under paragraph (6)(c); and
 (c) the information is not disclosed to the person because the person is 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
 (d) 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 other person or to a court, a tribunal or a coroner.
Penalty: Imprisonment for 2 years.
 (9) Subsection (8) does not apply to any conduct that is necessary for the purpose of assisting with an inquiry conducted in accordance with a direction of the Minister under section 11.
Note: A defendant bears an evidential burden in relation to a matter in subsection (9): see subsection 13.3(3) of the Criminal Code.