Document ID: chunk:federal_register_of_legislation:C2025C00037:section:45:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 45 (pt 1/6)
Character Range: 283642–286586

45  Prohibition on use, recording, communication or publication of protected information or its admission in evidence
 (1) A person commits an offence if:
 (a) the person uses, records, communicates or publishes any information; and
 (b) the information is protected information; and
 (c) the use, recording, communication or publication of the information is not permitted by this section or section 45A (which deals with information relating to integrity operations) or section 65B (which deals with information obtained before an interim control order is declared void).
Penalty: Imprisonment for 2 years.
 (2) A person commits an offence if:
 (a) the person uses, records, communicates or publishes any information; and
 (b) the information is protected information; and
 (c) the use, recording, communication or publication of the information is not permitted by this section or section 45A (which deals with information relating to integrity operations) or section 65B (which deals with information obtained before an interim control order is declared void); and
 (d) the use, recording, communication or publication of the information, endangers the health or safety of any person or prejudices the effective conduct of an investigation into a relevant offence.
Penalty: Imprisonment for 10 years.
 (3) Subject to subsections (4) and (5) and section 65B, protected information may not be admitted in evidence in any proceedings.
 (4) Subsections (1), (2) and (3) do not apply to:
 (aa) the use, recording, communication or publication of protected information in connection with the administration or execution of this Act; or
 (a) the use, recording, communication or publication of any information that has been disclosed in proceedings in open court lawfully; or
 (b) the use or communication of protected information by a person who believes on reasonable grounds that the use or communication is necessary to help prevent or reduce the risk of serious violence to a person or substantial damage to property; or
 (c) the communication to the Director‑General (within the meaning of the Australian Security Intelligence Organisation Act 1979) of protected information that relates or appears to relate to any matter within the functions of that organisation; or
 (d) the communication to the agency head (within the meaning of the Intelligence Services Act 2001) of an agency (within the meaning of that Act) of protected information that relates or appears to relate to any matter within the functions of that agency; or
 (e) the use, recording or communication of:
 (i) protected information referred to in paragraph (c)—by the Director‑General (within the meaning of the Australian Security Intelligence Organisation Act 1979), an ASIO employee (within the meaning of that Act) or an ASIO affiliate (within the meaning of that Act); or
 (ii) protected information referred to in paragraph (d)—by the agency head (within the meaning