281FFImproper copying or circulation of sensitive evidence

#### 281FF Improper copying or circulation of sensitive evidence 281FF Improper copying or circulation of sensitive evidence > > (1) A person who has possession of sensitive evidence that is health evidence must not copy, or permit a person to copy, the sensitive evidence, or give possession of the sensitive evidence to another person, except— > > > > > (a) for the legitimate purposes of a criminal investigation or criminal proceedings, or > > > > > (b) if the person is a public official, in the proper exercise of the person’s public official functions (including any functions relating to education or training). > > > > Maximum penalty—100 penalty units, or 2 years imprisonment, or both. > > > (2) For the purposes of this section, any sensitive evidence in the possession of a person is health evidence if— > > > > > (a) the person was given possession of the sensitive evidence by a health authority, or by a prosecuting authority exercising functions on behalf of a health authority, in or in connection with a criminal investigation or criminal proceedings, or > > > > > (b) the person is a public official who created, or obtained possession of, the sensitive evidence in the exercise of, or as a result of an opportunity that arose in the exercise of, public official functions in or in connection with a criminal investigation or criminal proceedings. > > > (3) A person cannot be found guilty of an offence against this section and an offence against section 281F in respect of the same act or omission. > > > (4) In this section— > > > > public official has the same meaning as in the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035). > > **ch 6, pt 2A, div 3 (ss 281FA–281FG):** Ins 2018 No 87, Sch 1.15 \[9\].