67Offence—copying, recording, using or disclosing protected information

67 Offence—copying, recording, using or disclosing protected information

(1) A person commits an offence if: (a) the person obtains or generates information or a document in the course of exercising powers or performing functions under this Act, or assisting another person in the exercise of powers or performance of functions under this Act; and (b) the information is protected information; and (c) the person does any of the following: (i) copies, or makes a record of, the information; (ii) uses the information; (iii) discloses the information to any person or to a court, a tribunal or a coroner.

Penalty: Imprisonment for 2 years.

(2) Subsection (1) does not apply if: (a) the information is copied, recorded, used or disclosed in circumstances in which that conduct is permitted, either expressly or by implication, under this Act; or (b) the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against this Act; or (c) the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) that relates to this Act; or (d) the information is copied, recorded, used or disclosed for the purposes of proceedings for an offence against section 149.1 of the Criminal Code (obstruction of Commonwealth public officials) that relates to this Act; or (e) the information is disclosed to a court in a civil proceeding or to a coronial inquiry in relation to which: (i) the Minister issues a certificate under subsection (3); and (ii) the court or coroner makes an order under subsection (5); or (f) the information is disclosed to a court in a criminal proceeding in relation to which: (i) the Minister issues a certificate under subsection (4); and (ii) the court makes an order under subsection (5).

Note: A defendant bears an evidential burden in relation to a matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

(3) The Minister may issue a certificate in relation to the disclosure of protected information in a civil proceeding or a coronial inquiry, stating that the disclosure of the information is not likely to interfere with an inquiry conducted in accordance with a direction of the Minister under section 11. (4) The Minister may issue a certificate in relation to the disclosure of protected information, stating that the disclosure of the information in a criminal proceeding is not likely to interfere with an inquiry conducted in accordance with a direction of the Minister under section 11, if: (a) the criminal proceeding is in relation to an alleged offence against a law of the Commonwealth, or of a State or Territory, punishable by a maximum penalty of imprisonment for more than 2 years; and (b) the disclosure of the information is necessary to establish a chain of dealing with evidence. (5) If the court or coroner is satisfied that any adverse impact that the disclosure of the information might have on any current or future inquiry under this Act is outweighed by the public interest in the administration of justice, the court or coroner may order such disclosure. (6) The court or coroner may direct that the protected information, or any information obtained from the protected information, must not: (a) be published or communicated to any person; or (b) be published or communicated except in such manner, and to such person, as the court or coroner specifies. (7) If a person is prohibited by this section from disclosing protected information, then: (a) the person cannot be required by a court or coroner to disclose the information; and (b) any information disclosed by the person in contravention of this section is not admissible in any proceedings (other than proceedings against the person under this section).