28TUnlawful disclosure of criminal intelligence or information in informant affidavit

#### 28T Unlawful disclosure of criminal intelligence or information in informant affidavit 28T Unlawful disclosure of criminal intelligence or information in informant affidavit > > (1) This section applies to any of the following— > > > > > (a) information that is or has ever been the subject of a criminal intelligence application, > > > > > (b) information contained in an informant affidavit, > > > > > (c) declared criminal intelligence, the declaration for which has not been revoked. > > > (2) A person must not disclose the information or intelligence unless the disclosure is— > > > > > (a) made with lawful authority or excuse, or > > > > > (b) made only to the extent necessary to perform the person’s functions under or relating to this Act, or > > > > > (c) if the information is in an informant affidavit—by the informant the subject of the affidavit. > > > > Maximum penalty—100 penalty units or imprisonment for 12 months, or both. > > > (3) It is a defence to an offence against subsection (2) for the defendant to prove— > > > > > (a) the information or intelligence was publicly available when the disclosure was made, or > > > > > (b) that when the disclosure was made the defendant had an honest and reasonable but mistaken belief that the information or intelligence was not criminal intelligence. > > > (4) For the purposes of subsection (3) (b), it is not reasonable for the defendant to hold the belief if the defendant received a warning by the Court under this Part for the information or intelligence. > > **pt 3B, divs 1–5 (ss 28A–28U):** Ins 2013 No 12, Sch 1 \[9\].