35Directions about protected information

35 Directions about protected information (1) The auditor-general, or a person authorised by the auditor-general (an authorised person), may give a direction to a person prohibiting or restricting the disclosure of protected information. (2) In deciding whether to give a direction under subsection (1), the auditor-general or authorised person must have regard to whether the direction— (a) would promote the purposes of this Act; or (b) is necessary or desirable to protect the integrity of an audit or investigation (however described) by the auditor-general. (3) The auditor-general or authorised person may also have regard to any other relevant matter in deciding whether to give a direction under subsection (1). (4) A person commits an offence if— (a) the auditor-general or an authorised person has given to the person or someone else a direction under subsection (1) prohibiting or restricting the disclosure of protected information; and (b) the person knows that the direction has been given; and

Part 5A Protected information Section 36 page 42 Auditor-General Act 1996 Effective: 18/09/24 R22 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the person discloses the information to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (5) Subsection (4) does not apply if the information is disclosed— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or (c) in a court proceeding. (6) Subsection (4) does not apply to the disclosure of protected information— (a) if the protected information is about a person—with the person’s consent; or (b) in accordance with a disclosure direction; or Note Disclosure direction—see s 36A. (c) to an entity prescribed by regulation. Note 1 The defendant has an evidential burden in relation to the matters mentioned in s (5) and s (6) (see Criminal Code, s 58). Note 2 If the protected information disclosed under s (5) or s (6) is provided by a person under s 14, the information and any information directly or indirectly derived from it may not be admissible in evidence against the person in another criminal proceeding (see s 14D).