Document ID: chunk:federal_register_of_legislation:C2007A00177:clause:1_182
Version: federal_register_of_legislation:C2007A00177
Segment Type: clause
Provision Reference: sch 1 cl 182
Character Range: 19208–20477

182  Secondary disclosure/use offence

 (1) A person commits an offence if:
 (a) information or a document is disclosed to the person as permitted by Division 4; and
 (b) the person discloses or uses the information or document.

Penalty: Imprisonment for 2 years.

Exempt disclosures

 (2) Paragraph (1)(b) does not apply to a disclosure of information or a document if the disclosure is reasonably necessary:
 (a) for the performance by the Organisation of its functions; or
 (b) for the enforcement of the criminal law; or
 (c) for the enforcement of a law imposing a pecuniary penalty; or
 (d) for the protection of the public revenue.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Exempt uses

 (3) Paragraph (1)(b) does not apply to a use of information or a document if the use is reasonably necessary:
 (a) for the enforcement of the criminal law; or
 (b) for the enforcement of a law imposing a pecuniary penalty; or
 (c) for the protection of the public revenue.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Part 4‑2—Procedural requirements relating to authorisations