Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:3_22:p2
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 3 cl 22 (pt 2/2)
Character Range: 119874–121452

(d) there is a risk that disclosure of the information will reveal that the individual is undergoing such assessment; and
 (e) there is a risk that disclosure of the information will compromise the security of the individual.

Penalty: Imprisonment for 10 years.

 (5) Subsections (1), (2), (3) and (4) do not apply to a disclosure by a person if:
 (a) the person has been authorised by the Commissioner to make the disclosure; or
 (b) the disclosure is made for the purpose of making a complaint, or providing information, to the Ombudsman under the Ombudsman Act 1976; or
 (c) the disclosure is made for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006, an allegation or information that raises a corruption issue; or
 (d) the disclosure is made for the purpose of:
 (i) giving information that raises an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979); or
 (ii) investigating or resolving an AFP conduct or practices issue under Part V of that Act.

Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).

 (6) Absolute liability applies to paragraphs (1)(c), (2)(c), (3)(c) and (4)(c).

Note: For absolute liability, see section 6.2 of the Criminal Code.

 (7) To avoid doubt, a person may be convicted of an offence against subsection (1), (2), (3) or (4) because of a risk that a disclosure will have a particular effect even if the disclosure does not actually have that effect.