Document ID: chunk:federal_register_of_legislation:C2025C00093:section:34:p1
Version: federal_register_of_legislation:C2025C00093
Segment Type: section
Provision Reference: s 34 (pt 1/3)
Character Range: 91476–94138

34  Secrecy

Offence—unauthorised disclosure of information acquired under this Act
 (1) Subject to subsection (1A), a person who is an IGIS official, or former IGIS official, must not, either directly or indirectly, except in the performance of his or her functions or duties or in the exercise of his or her powers under this Act or the Public Interest Disclosure Act 2013:
 (a) make a record of, or divulge or communicate to any person or to a court, any information or document acquired under this Act by reason of the person holding, or acting in, that office; or
 (b) make use of any such information or document.
Penalty: Imprisonment for 2 years or 50 penalty units, or both.

Offence—unauthorised disclosure of information acquired under the Freedom of Information Act 1982
 (1AA) Subject to subsection (1A), a person who is an IGIS official, or former IGIS official, must not, either directly or indirectly, except in the performance of his or her functions or duties or in the exercise of his or her powers under Division 9 of Part VII or section 60A of the Freedom of Information Act 1982:
 (a) make a record of, or divulge or communicate to any person or to a court, any information or document acquired under that Division or section by reason of the person holding, or acting in, that office; or
 (b) make use of any such information or document.
Penalty: Imprisonment for 2 years or 50 penalty units, or both.

Offence—unauthorised disclosure of information acquired under the Archives Act 1983
 (1AB) Subject to subsection (1A), a person who is an IGIS official, or former IGIS official, must not, either directly or indirectly, except in the performance of his or her functions or duties or in the exercise of his or her powers under section 50A of the Archives Act 1983:
 (a) make a record of, or divulge or communicate to any person or to a court, any information or document acquired under that section by reason of the person holding, or acting in, that office; or
 (b) make use of any such information or document.
Penalty: Imprisonment for 2 years or 50 penalty units, or both.

Exception
 (1A) Subsections (1), (1AA) and (1AB) do not apply if the Inspector‑General:
 (a) believed on reasonable grounds that the making of the record, or the divulging, communicating or use of the information or document (the conduct) by the person mentioned in the subsection is necessary for the purpose of preserving the well‑being or safety of another person; and
 (b) authorised the person mentioned in the subsection to engage in the conduct for that purpose.

Dealing with offence as indictable or summary offence
 (2) An offence against subsection