Document ID: chunk:federal_register_of_legislation:C2025C00093:section:34:p2
Version: federal_register_of_legislation:C2025C00093
Segment Type: section
Provision Reference: s 34 (pt 2/3)
Character Range: 93881–96536

purpose of preserving the well‑being or safety of another person; and
 (b) authorised the person mentioned in the subsection to engage in the conduct for that purpose.

Dealing with offence as indictable or summary offence
 (2) An offence against subsection (1), (1AA) or (1AB) is an indictable offence.
 (3) Notwithstanding that an offence against subsection (1), (1AA) or (1AB) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is appropriate to do so and the defendant and the prosecutor consent.
 (4) If, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection (1), (1AA) or (1AB), the penalty that the court may impose is imprisonment for a period not exceeding 12 months or a fine not exceeding 20 penalty units, or both.

Limitation on disclosures to courts
 (5) A person who is an IGIS official, or former IGIS official, must not be required to:
 (a) produce in a court any document of which the person has custody, or to which the person has access, because the person is performing functions or duties or exercising powers under this Act, Division 9 of Part VII or section 60A of the Freedom of Information Act 1982 or section 50A of the Archives Act 1983; or
 (b) divulge or communicate to a court any information obtained by the person because the person is performing those functions or duties or exercising those powers;
except if it is necessary to do so:
 (ba) if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under this Act—for the purposes of this Act; and
 (bb) if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under Division 9 of Part VII of the Freedom of Information Act 1982—for the purposes of that Division; and
 (bc) if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under section 60A of the Freedom of Information Act 1982—for the purposes of that section; and
 (bd) if the person has custody of, or access to, the document because the person is performing functions or duties or exercising powers under section 50A of the Archives Act 1983—for the purposes of that section; and
 (c) if the information is obtained by the person because the person is performing functions or duties or exercising powers under this Act:
 (i) unless subparagraph (ii) applies—for the purposes of this Act; or
 (ii) if the information