14MASecrecy—unauthorised disclosures of sensitive law enforcement information

14MA Secrecy—unauthorised disclosures of sensitive law enforcement information

(1) A person commits an offence if: (a) the person has information obtained in connection with the performance of a function, or the exercise of a power, by the person under this Act; and (b) the information is information identified as sensitive law enforcement information under subsection 14LA(1) or (2); and (c) the person: (i) discloses the information to another person; or (ii) uses the information.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(2) Subsection (1) does not apply if: (a) the disclosure or use by the person is for the purposes of, or in connection with, the performance of a function or the exercise of a power under this Act; or (b) the disclosure or use by the person is in compliance with a requirement under a law of the Commonwealth; or (c) the person or agency that gave the information to the Secretary consents to the disclosure or use; or (d) the disclosure or use is required by a court or tribunal for the purposes of, or in connection with, proceedings for the purposes of giving effect to this Act or another law of the Commonwealth; or (e) the information, or a document or advice that included the information, was given to the Secretary by a person or an agency under section 14K or 14L, and the use or disclosure is by that person or that agency.

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