sec.352Prohibition on communication or publication of protected information

### sec.352 Prohibition on communication or publication of protected information A person commits an offence if— the person intentionally, knowingly or recklessly uses, communicates or publishes any protected information; and the person knows that, or is reckless as to whether, the information is protected information; and the person knows that, or is reckless as to whether, the use, communication or publication of the information is not permitted by this division. Maximum penalty—2 years imprisonment. A person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person— intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation into a relevant offence; or knows that, or is reckless as to whether, the disclosure of the information— endangers or will endanger the health or safety of any person; or prejudices or will prejudice the effective conduct of an investigation into a relevant offence. Maximum penalty—10 years imprisonment. Subsections (1) and (2) do not apply to— the use, communication or publication of any information that— has been disclosed in proceedings in open court; or has entered the public domain; or the use or communication of protected information by a person who reasonably believes that the use or communication is necessary to help prevent or reduce the risk of serious violence to a person or substantial damage to property; or the communication to the Director-General, as defined under the Australian Security Intelligence Organisation Act 1979 (Cwlth) , of protected information that relates or appears to relate to activities prejudicial to security as defined under that Act; or the use or communication of information mentioned in paragraph (c) by an officer of the Australian Security Intelligence Organisation under the Australian Security Intelligence Organisation Act 1979 (Cwlth) in the performance of the officer’s official functions; or the use or communication of information to a foreign country or an appropriate authority of a foreign country under the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) ; or the communication of information with the approval of the chief executive officer of the law enforcement agency communicating the information; or the communication by the monitor to the Commonwealth Ombudsman of information the monitor is satisfied is necessary to enable the Commonwealth Ombudsman to perform functions under the Surveillance Devices Act 2004 (Cwlth) in relation to the ACC; or the use or communication of information otherwise authorised under this division. s 352 ins 2005 No. 45 s 12 amd 2005 No. 45 s 47 ; 2017 No. 30 s 16 (sec.352-ssec.1) A person commits an offence if— the person intentionally, knowingly or recklessly uses, communicates or publishes any protected information; and the person knows that, or is reckless as to whether, the information is protected information; and the person knows that, or is reckless as to whether, the use, communication or publication of the information is not permitted by this division. Maximum penalty—2 years imprisonment. (sec.352-ssec.2) A person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person— intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation into a relevant offence; or knows that, or is reckless as to whether, the disclosure of the information— endangers or will endanger the health or safety of any person; or prejudices or will prejudice the effective conduct of an investigation into a relevant offence. Maximum penalty—10 years imprisonment. (sec.352-ssec.3) Subsections (1) and (2) do not apply to— the use, communication or publication of any information that— has been disclosed in proceedings in open court; or has entered the public domain; or the use or communication of protected information by a person who reasonably believes that the use or communication is necessary to help prevent or reduce the risk of serious violence to a person or substantial damage to property; or the communication to the Director-General, as defined under the Australian Security Intelligence Organisation Act 1979 (Cwlth) , of protected information that relates or appears to relate to activities prejudicial to security as defined under that Act; or the use or communication of information mentioned in paragraph (c) by an officer of the Australian Security Intelligence Organisation under the Australian Security Intelligence Organisation Act 1979 (Cwlth) in the performance of the officer’s official functions; or the use or communication of information to a foreign country or an appropriate authority of a foreign country under the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) ; or the communication of information with the approval of the chief executive officer of the law enforcement agency communicating the information; or the communication by the monitor to the Commonwealth Ombudsman of information the monitor is satisfied is necessary to enable the Commonwealth Ombudsman to perform functions under the Surveillance Devices Act 2004 (Cwlth) in relation to the ACC; or the use or communication of information otherwise authorised under this division. - (a) the person intentionally, knowingly or recklessly uses, communicates or publishes any protected information; and - (b) the person knows that, or is reckless as to whether, the information is protected information; and - (c) the person knows that, or is reckless as to whether, the use, communication or publication of the information is not permitted by this division. - (a) intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation into a relevant offence; or - (b) knows that, or is reckless as to whether, the disclosure of the information— (i) endangers or will endanger the health or safety of any person; or (ii) prejudices or will prejudice the effective conduct of an investigation into a relevant offence. - (i) endangers or will endanger the health or safety of any person; or - (ii) prejudices or will prejudice the effective conduct of an investigation into a relevant offence. - (i) endangers or will endanger the health or safety of any person; or - (ii) prejudices or will prejudice the effective conduct of an investigation into a relevant offence. - (a) the use, communication or publication of any information that— (i) has been disclosed in proceedings in open court; or (ii) has entered the public domain; or - (i) has been disclosed in proceedings in open court; or - (ii) has entered the public domain; or - (b) the use or communication of protected information by a person who reasonably believes that the use or communication is necessary to help prevent or reduce the risk of serious violence to a person or substantial damage to property; or - (c) the communication to the Director-General, as defined under the Australian Security Intelligence Organisation Act 1979 (Cwlth) , of protected information that relates or appears to relate to activities prejudicial to security as defined under that Act; or - (d) the use or communication of information mentioned in paragraph (c) by an officer of the Australian Security Intelligence Organisation under the Australian Security Intelligence Organisation Act 1979 (Cwlth) in the performance of the officer’s official functions; or - (e) the use or communication of information to a foreign country or an appropriate authority of a foreign country under the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) ; or - (f) the communication of information with the approval of the chief executive officer of the law enforcement agency communicating the information; or - (g) the communication by the monitor to the Commonwealth Ombudsman of information the monitor is satisfied is necessary to enable the Commonwealth Ombudsman to perform functions under the Surveillance Devices Act 2004 (Cwlth) in relation to the ACC; or - (h) the use or communication of information otherwise authorised under this division. - (i) has been disclosed in proceedings in open court; or - (ii) has entered the public domain; or