283Disclosure for purposes of law enforcement—protected ERAC information

#### 283 Disclosure for purposes of law enforcement—protected ERAC information Scope (1) This section applies if the Chair of the Emissions Reduction Assurance Committee is satisfied that disclosure of particular protected ERAC 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 Chair of the Emissions Reduction Assurance Committee may disclose that protected ERAC 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 any of the following individuals: (a) an Emissions Reduction Assurance Committee member; (b) an individual assisting the Emissions Reduction Assurance Committee under section 269; is authorised by the Chair of the Emissions Reduction Assurance Committee, in writing, for the purposes of this section, the individual may disclose that protected ERAC information to: (c) a Department, agency or authority of the Commonwealth, a State or a Territory; or (d) 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 ERAC 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. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (5) Subsection (4) does not apply if: (a) the disclosure or use is with the consent of the Chair of the Emissions Reduction Assurance Committee; and (b) the disclosure or use is for the purpose of: (i) enforcing the criminal law; or (ii) enforcing a law imposing a pecuniary penalty; or (iii) protecting the public revenue. > Note: A defendant bears an evidential burden in relation to a matter in subsection (5) (see subsection 13.3(3) of the Criminal Code). Conditions (6) The Chair of the Emissions Reduction Assurance Committee may, by writing, impose conditions to be complied with in relation to protected ERAC information disclosed under subsection (2) or (3). (7) A person commits an offence if: (a) the person is subject to a condition under subsection (6); 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. (8) An instrument under subsection (6) is not a legislative instrument.