sec.103QUnauthorised possession of, or dealing in, recorded statements or transcripts of recorded statements

### sec.103Q Unauthorised possession of, or dealing in, recorded statements or transcripts of recorded statements A person commits an offence if the person— possesses a recorded statement or a transcript of a recorded statement; or supplies, or offers to supply, a recorded statement, or a transcript of a recorded statement, to another person; or copies, or permits another person to copy, a recorded statement or a transcript of a recorded statement. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units. However, a person may do something mentioned in subsection (1) — for a legitimate purpose related to a domestic violence proceeding or another proceeding, including a proceeding under the Domestic and Family Violence Protection Act 2012 ; or if the person is required or permitted to do the thing under an employment-screening Act, other than to the extent stated in subsection (3) ; or if the person is the victims’ commissioner under the Victims’ Commissioner and Sexual Violence Review Board Act 2024 performing a function mentioned in section 9 (a) of that Act; or if the person is the chairperson of the sexual violence review board under the Victims’ Commissioner and Sexual Violence Review Board Act 2024 performing a function mentioned in section 62 (1) of that Act; or if the person is permitted to do the thing under section 103R . For subsection (2) (b) , a person, for the purpose of making an employment-screening decision— must not supply, or offer to supply, a transcript of a recorded statement to the employment-screening applicant for the decision; but may supply, or offer to supply, a summary of a transcript of a recorded statement to the employment-screening applicant for the decision. s 103Q ins 2022 No. 12 s 37 amd 2024 No. 21 s 109 ; 2025 No. 18 s 50 amd 2024 No. 49 s 118 (uncommenced amendment) (sec.103Q-ssec.1) A person commits an offence if the person— possesses a recorded statement or a transcript of a recorded statement; or supplies, or offers to supply, a recorded statement, or a transcript of a recorded statement, to another person; or copies, or permits another person to copy, a recorded statement or a transcript of a recorded statement. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units. (sec.103Q-ssec.2) However, a person may do something mentioned in subsection (1) — for a legitimate purpose related to a domestic violence proceeding or another proceeding, including a proceeding under the Domestic and Family Violence Protection Act 2012 ; or if the person is required or permitted to do the thing under an employment-screening Act, other than to the extent stated in subsection (3) ; or if the person is the victims’ commissioner under the Victims’ Commissioner and Sexual Violence Review Board Act 2024 performing a function mentioned in section 9 (a) of that Act; or if the person is the chairperson of the sexual violence review board under the Victims’ Commissioner and Sexual Violence Review Board Act 2024 performing a function mentioned in section 62 (1) of that Act; or if the person is permitted to do the thing under section 103R . (sec.103Q-ssec.3) For subsection (2) (b) , a person, for the purpose of making an employment-screening decision— must not supply, or offer to supply, a transcript of a recorded statement to the employment-screening applicant for the decision; but may supply, or offer to supply, a summary of a transcript of a recorded statement to the employment-screening applicant for the decision. - (a) possesses a recorded statement or a transcript of a recorded statement; or - (b) supplies, or offers to supply, a recorded statement, or a transcript of a recorded statement, to another person; or - (c) copies, or permits another person to copy, a recorded statement or a transcript of a recorded statement. - (a) for an individual—100 penalty units or 2 years imprisonment; or - (b) for a corporation—1,000 penalty units. - (a) for a legitimate purpose related to a domestic violence proceeding or another proceeding, including a proceeding under the Domestic and Family Violence Protection Act 2012 ; or - (b) if the person is required or permitted to do the thing under an employment-screening Act, other than to the extent stated in subsection (3) ; or - (c) if the person is the victims’ commissioner under the Victims’ Commissioner and Sexual Violence Review Board Act 2024 performing a function mentioned in section 9 (a) of that Act; or - (d) if the person is the chairperson of the sexual violence review board under the Victims’ Commissioner and Sexual Violence Review Board Act 2024 performing a function mentioned in section 62 (1) of that Act; or - (e) if the person is permitted to do the thing under section 103R . - (a) must not supply, or offer to supply, a transcript of a recorded statement to the employment-screening applicant for the decision; but - (b) may supply, or offer to supply, a summary of a transcript of a recorded statement to the employment-screening applicant for the decision.