Document ID: chunk:federal_register_of_legislation:C2024C00749:section:181a:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 181A (pt 1/2)
Character Range: 607526–610296

181A  Disclosure/use offences: authorisations under Division 3

Disclosures
 (1) A person commits an offence if:
 (a) the person discloses information; and
 (b) the information is about any of the following:
 (i) whether an authorisation under Division 3 has been, or is being, sought;
 (ii) the making of such an authorisation;
 (iii) the existence or non‑existence of such an authorisation;
 (iv) the revocation of such an authorisation;
 (v) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
 (2) A person commits an offence if:
 (a) the person discloses a document; and
 (b) the document consists (wholly or partly) of any of the following:
 (i) an authorisation under Division 3;
 (ii) the revocation of such an authorisation;
 (iii) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
 (3) Paragraphs (1)(a) and (2)(a) do not apply to a disclosure of information or a document if:
 (a) the disclosure is for the purposes of the authorisation, revocation or notification concerned; or
 (b) the disclosure is reasonably necessary:
 (i) to enable the Organisation to perform its functions; or
 (ia) to enable a person to comply with his or her obligations under section 185D or 185E; or
 (ii) to enforce the criminal law; or
 (iii) to enforce a law imposing a pecuniary penalty; or
 (iv) to protect the public revenue; or
 (c) the disclosure is:
 (i) to an IGIS official for the purpose of exercising a power, or performing a function or duty, as an IGIS official; or
 (ii) by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, as an IGIS official.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Uses
 (4) A person commits an offence if:
 (a) the person uses information; and
 (b) the information is about any of the following:
 (i) whether an authorisation under Division 3 has been, or is being, sought;
 (ii) the making of such an authorisation;
 (iii) the existence or non‑existence of such an authorisation;
 (iv) the revocation of such an authorisation;
 (v) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
 (5) A person commits an offence if:
 (a) the person uses a document; and
 (b) the document consists (wholly or partly) of any of the following:
 (i) an authorisation under Division 3;
 (ii) the revocation of such an authorisation;
 (iii) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
 (6) Paragraphs (4)(a) and (5)(a) do not apply to a use of information or a document if:
 (a) the use is for the purposes of the authorisation, revocation or notification concerned; or
 (b) the use is reasonably necessary: