Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zzha
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZZHA
Character Range: 336579–338828

3ZZHA  Unauthorised disclosure of information
 (1) A person commits an offence if:
 (a) the person discloses information; and
 (b) the information relates to:
 (i) an application for a delayed notification search warrant; or
 (ii) the execution of a delayed notification search warrant; or
 (iii) a report under section 3ZZFA in relation to a delayed notification search warrant; or
 (iv) a warrant premises occupier's notice or an adjoining premises occupier's notice prepared in relation to a delayed notification search warrant.
Penalty: Imprisonment for 2 years.
 (2) Each of the following is an exception to the offence created by subsection (1):
 (a) the disclosure is in connection with the administration or execution of this Part;
 (aa) the disclosure is for the purposes of obtaining or providing legal advice related to this Part;
 (b) the disclosure is for the purposes of any legal proceeding arising out of or otherwise related to this Part or of any report of any such proceedings;
 (c) the disclosure is in accordance with any requirement imposed by law;
 (d) the disclosure is for the purposes of:
 (i) the performance of duties or functions or the exercise of powers under or in relation to this Part; or
 (ii) the performance of duties or functions or the exercise of powers by a law enforcement officer, an officer of the Australian Security Intelligence Organisation, a staff member of the Australian Secret Intelligence Service or a person seconded to either of those bodies;
 (da) the disclosure is made by anyone to the Ombudsman, a Deputy Commonwealth Ombudsman or a member of the Ombudsman's staff (whether in connection with the exercise of powers or performance of functions under Division 7, in connection with a complaint made to the Ombudsman or in any other circumstances);
 (e) the disclosure is made after a warrant premises occupier's notice or an adjoining premises occupier's notice has been given in relation to the warrant;
 (f) the disclosure is made after a direction has been given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to the warrant.
Note: A defendant bears an evidential burden in relation to a matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.

Division 9—Other matters