31Protection for journalists’ informants

#### 31 Protection for journalists’ informants Application (1) This section applies if: (a) a person (the informant) gives information, whether directly or indirectly: (i) to another person who works in a professional capacity as a journalist; and (ii) the information is given in the normal course of the journalist’s work as a journalist; and (b) the journalist reasonably believes that the informant has provided the information on the express or implied understanding that the informant’s identity would not be disclosed. Protection of informant’s identity (2) None of the following is required to do anything under this Act that would disclose the identity of the informant or enable that identity to be ascertained: (a) the journalist; (b) the journalist’s employer; (c) a person assisting the journalist who is employed or engaged by the journalist’s employer; (d) a person assisting the journalist in the person’s professional capacity. (3) If the journalist is a staff member of a Commonwealth agency, the reference in subsection (2) to the journalist’s employer is taken to include a reference to the head of the agency. Search powers exception (4) However, this section does not prevent an authorised officer from doing anything the authorised officer would otherwise be able to do in exercising powers under Part IAA of the Crimes Act 1914 for the purposes of this Act (see section 119 (search warrants, and stopping and searching conveyances)). > Note: A public interest test applies to the issue of search warrants involving journalists: see the modifications made by section 124 to the applied search powers of the Crimes Act 1914.