Document ID: chunk:federal_register_of_legislation:C2012A00194:clause:1_15jr
Version: federal_register_of_legislation:C2012A00194
Segment Type: clause
Provision Reference: sch 1 cl 15JR
Character Range: 37116–39542

15JR  Integrity testing operations—disclosure endangering safety etc.

Offence—disclosure endangering safety etc.
 (1) A person commits an offence if:
 (a) the person discloses information; and
 (b) the information relates to an integrity testing operation; and
 (c) either:
 (i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of an integrity testing operation; or
 (ii) the disclosure of the information will endanger the health or safety of any person or prejudice the effective conduct of an integrity testing operation.
Penalty: Imprisonment for 10 years.

Exceptions—authorised disclosure
 (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 obtaining legal advice in relation to the integrity testing operation; or
 (c) for the purposes of any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, the integrity testing operation; or
 (d) in connection with the administration or execution of the Law Enforcement Integrity Commissioner Act 2006; or
 (e) a disclosure to an authority of the Commonwealth, a State or a Territory; or
 (f) in accordance with any requirement imposed by law; or
 (g) in connection with the performance of functions or duties, or the exercise of powers, of the target agency in relation to which the operation was conducted.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2)—see subsection 13.3(3) of the Criminal Code.

Exception—corruption issue or misconduct
 (3) Subsection (1) does not apply if:
 (a) the person (the discloser) discloses the information to 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 a corruption issue, or misconduct, in relation to an integrity testing operation; and
 (d) the discloser considers that the information may assist the Integrity Commissioner to perform the Commissioner'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 subsection (3)—see subsection 13.3(3) of the Criminal Code.

Division 5—Integrity testing operations: reporting