Document ID: chunk:federal_register_of_legislation:C2023A00055:section:23
Version: federal_register_of_legislation:C2023A00055
Segment Type: section
Provision Reference: s 23
Character Range: 31642–32780

23  Unauthorised disclosure of draft review reports etc.
 (1) A person commits an offence if:
 (a) the person receives any of the following:
 (i) a draft review report;
 (ii) a document relating to a preliminary finding or a proposed recommendation included in a draft review report;
 (iii) an extract from a report or document referred to in this paragraph; and
 (b) the person discloses any information in the report, document or extract.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (2) Subsection (1) does not apply if the information is disclosed:
 (a) in a comment made in accordance with subsection 21(3); or
 (b) in a response given in accordance with subsection 22(1); or
 (c) to a lawyer for the purpose of obtaining legal advice in connection with making such a comment or giving such a response; or
 (d) to the Commonwealth Ombudsman, or another officer within the meaning of subsection 35(1) of the Ombudsman Act 1976; or
 (e) with the consent of the Inspector‑General.
Note: A defendant bears an evidential burden in relation to a matter in subsection (2): see subsection 13.3(3) of the Criminal Code.