Document ID: chunk:federal_register_of_legislation:C2024C00842:section:6oh
Version: federal_register_of_legislation:C2024C00842
Segment Type: section
Provision Reference: s 6OH
Character Range: 54070–56051

6OH  Offence for unauthorised use or disclosure of information given at a private session etc.
  A person commits an offence if:
 (a) the person obtains information:
 (i) at a private session for a Royal Commission; or
 (ii) that was given at a private session for a Royal Commission; or
 (iii) that was given by a natural person to a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission) and identifies the person who gave the information; and
 (b) the person makes a record of, uses or discloses the information; and
 (c) none of the following applies:
 (i) the record, use or disclosure is for the purposes of performing functions or duties or exercising powers in relation to the Commission;
 (ii) the person is authorised to make the record of, or use, disclose or publish, the information in accordance with section 6OJ (inclusion of information in reports and recommendations), 6P (Commission may communicate information) or 9 (custody and use of records of Commission);
 (iii) in the case of information referred to in subparagraph (a)(i) or (ii)—the person makes the record of, uses or discloses the information with the consent of the person who gave the information at the private session;
 (iv) in the case of information referred to in subparagraph (a)(iii)—the person makes the record of, uses or discloses the information with the consent of the person who gave the information to the member, or member of the staff, of the Commission.
Penalty: 20 penalty units or imprisonment for 12 months or both.
Note 1: For a defence to this offence, see section 6OK.
Note 2: The person who gave the information at the private session, or to the member, or member of the staff, of the Royal Commission, does not commit an offence under this section by making a record of, using or disclosing the information, because the person is not covered by paragraph (a).