111Disclosure for purposes of law enforcement

111 Disclosure for purposes of law enforcement

Scope (1) This section applies if the Authority is satisfied that disclosure of particular protected information is reasonably necessary for: (a) the enforcement of the criminal law; or (b) the enforcement of a law imposing a pecuniary penalty; or (c) the protection of the public revenue. Disclosure (2) The Authority may disclose that protected information to: (a) a Department, agency or authority of the Commonwealth, a State or a Territory; or (b) an Australian police force; whose functions include that enforcement or protection, for the purposes of that enforcement or protection. (3) If an entrusted official is authorised by the Authority, in writing, for the purposes of this section, the official may disclose that protected information to: (a) a Department, agency or authority of the Commonwealth, a State or a Territory; or (b) an Australian police force; whose functions include that enforcement or protection, for the purposes of that enforcement or protection. Secondary disclosure and use (4) A person commits an offence if: (a) the person is, or has been, an employee or officer of: (i) a Department, agency or authority of the Commonwealth, a State or a Territory; or (ii) an Australian police force; and (b) protected information has been disclosed under subsection (2) or (3) to the Department, agency, authority or police force, as the case may be; and (c) the person has obtained the information in the person’s capacity as an employee or officer of the Department, agency, authority or police force, as the case may be; and (d) the person: (i) discloses the information to another person; or (ii) uses the information; and (e) the disclosure or use is not: (i) with the consent of the Authority; or (ii) for the purpose of enforcing the criminal law; or (iii) for the purpose of enforcing a law imposing a pecuniary penalty; or (iv) for the purpose of protecting the public revenue.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Conditions (5) The Authority may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (2) or (3). (6) A person commits an offence if: (a) the person is subject to a condition under subsection (5); and (b) the person engages in conduct; and (c) the person’s conduct breaches the condition.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(7) An instrument under subsection (5) is not a legislative instrument.