Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15hl
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15HL
Character Range: 139354–141225

15HL  Unauthorised disclosure of information—endangering safety, etc.

 (1) A person commits an offence if:
 (a) the person discloses information; and
 (b) the information relates to a controlled operation; and
 (c) either:
 (i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of a controlled operation; or
 (ii) the disclosure of the information will endanger the health or safety of any person or prejudice the effective conduct of a controlled operation.

Penalty: Imprisonment for 10 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.

 (4) An offence against this section is an indictable offence.