12Information — unauthorised disclosure, use or access

12 Information — unauthorised disclosure, use or access (1) If: (a) a complaint or allegation has been made by any person that an AFP appointee has committed a disciplinary offence; or (b) an investigation is being carried out in relation to such a complaint or allegation; another AFP appointee must not, without lawful authority or excuse, disclose or take any action that brings, or is intended to bring, to the notice of that AFP appointee or any other AFP appointee that the complaint or allegation has been made or that the investigation is being carried out. (2) An AFP appointee must not, except in the performance of his or her duties: (a) use or communicate to another person any information that comes to the AFP appointee’s knowledge, or into his or her possession, by reason of being an AFP appointee; or (b) obtain access to information by reason of being an AFP appointee. (3) For the purposes of paragraph (2) (b), an AFP appointee is taken to have obtained access to information even if: (a) the information is not in the possession, or under the control, of the Australian Federal Police; or (b) whether or not paragraph (a) applies — the information consists of a computer program or part of a computer program, or is otherwise stored in, or entered or copied into, a computer.