55Confidentiality of identity of disclosers

55 Confidentiality of identity of disclosers

(1) A person contravenes this subsection if: (a) an individual (the discloser) makes a disclosure of information (the qualifying disclosure) that qualifies for protection under section 54; and (b) the person discloses any of the following (the confidential information): (i) identifying information about the discloser; (ii) any other information that is likely to lead to the identification of the discloser; and (c) the confidential information is information that the person obtained directly or indirectly because of the qualifying disclosure; and (d) the disclosure referred to in paragraph (b) is not authorised under subsection (2). (2) A disclosure referred to in paragraph (1)(b) is authorised under this subsection if: (a) the disclosure is made to a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or (b) the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Subdivision; or (c) the disclosure is made with the consent of the discloser; or (d) the disclosure is made to a person or body prescribed by the regulations; or (e) both of the following apply: (i) the confidential information is in the public domain before the disclosure is made; (ii) the original disclosure of the confidential information into the public domain (before the disclosure is made) was not in contravention of subsection (1). Fault‑based offence (3) A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Civil penalty (4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 100 penalty units.