Document ID: chunk:federal_register_of_legislation:C2019A00072:clause:1_3:p3
Version: federal_register_of_legislation:C2019A00072
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 3/6)
Character Range: 9817–12533

conduct in relation to the child; and
 (d) such conduct, if engaged in, would constitute a child sexual abuse offence; and
 (e) the defendant fails to disclose the information, as soon as practicable after coming to know it, to:
 (i) the police force or police service of a State or Territory; or
 (ii) the Australian Federal Police.
Penalty: Imprisonment for 3 years.

Offence based on reasonable suspicion
 (2) A person (the defendant) commits an offence if:
 (a) the defendant is a Commonwealth officer; and
 (b) there is another person aged under 18 (the child) under the care or supervision of the defendant, in the defendant's capacity as a Commonwealth officer; and
 (c) the defendant knows of information that would lead a reasonable person to suspect that a person (the potential offender):
 (i) has engaged in conduct in relation to the child; or
 (ii) will engage in conduct in relation to the child; and
 (d) such conduct, if engaged in, would constitute a child sexual abuse offence; and
 (e) the defendant fails to disclose the information, as soon as practicable after coming to know it, to:
 (i) the police force or police service of a State or Territory; or
 (ii) the Australian Federal Police.
Penalty: Imprisonment for 2 years.

Absolute liability
 (3) Absolute liability applies to paragraphs (1)(d) and (2)(d).
Note: For absolute liability, see section 6.2.

Defences
 (4) Subsection (1) or (2) does not apply if:
 (a) the defendant reasonably believes that the information is already known:
 (i) to the police force or police service of a State or Territory; or
 (ii) to the Australian Federal Police; or
 (iii) to a person or body to which disclosure of such information is required by a scheme established under, or for the purposes of, a law of a State or Territory, or of a foreign country (or part of a foreign country); or
 (b) the defendant has disclosed the information to a person or body for the purposes of a scheme mentioned in subparagraph (a)(iii); or
 (c) the defendant reasonably believes that the disclosure of the information would put at risk the safety of any person, other than the potential offender; or
 (d) the information is in the public domain.
Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3).
 (5) An individual is not excused from failing to disclose information as mentioned in paragraph (1)(e) or (2)(e) on the ground that disclosing the information might tend to incriminate the individual or otherwise expose the individual to a penalty or other liability.
Note: For the admissibility in evidence of such information if disclosed in the course of protected conduct, and any information obtained as