Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15hk
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15HK
Character Range: 137877–139354

15HK  Unauthorised disclosure of information

 (1) A person commits an offence if:
 (a) the person discloses information; and
 (b) the information relates to a controlled operation.

Penalty: Imprisonment for 2 years.

 (2) Subsection (1) does not apply if the disclosure was:
 (a) in connection with the administration or execution of this Part; or
 (b) for the purposes of any legal proceedings arising out of or otherwise related to this Part or of any report of any such proceedings; or
 (c) for the purposes of obtaining legal advice in relation to the controlled operation; or
 (d) in accordance with any requirement imposed by law; or
 (e) in connection with the performance of functions or duties, or the exercise of powers, of a law enforcement agency.

 (3) Subsection (1) does not apply if:
 (a) the person (the discloser) discloses the information to the Ombudsman or the Integrity Commissioner; and
 (b) the discloser informs the person to whom the disclosure is made of the discloser's identity before making the disclosure; and
 (c) the information concerns misconduct in relation to a controlled operation; and
 (d) the discloser considers that the information may assist a person referred to in paragraph (a) to perform the person's functions or duties; and
 (e) the discloser makes the disclosure in good faith.

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