33Prohibition on communication or publication of protected information

33 Prohibition on communication or publication of protected information

(1)  A person is guilty of an offence if –

(a) the person intentionally, knowingly or recklessly uses, communicates or publishes any 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 section.

Penalty:  Imprisonment for a term not exceeding 2 years.

(2)  A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) in circumstances in which the person –

(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.

Penalty:  Imprisonment for a term not exceeding 10 years.

(3)  Subsections (1) and (2) do not apply to –

(a) the use, communication or publication of –

(i) any information that has been disclosed in proceedings in open court; or

(ii) any information that has entered the public domain; or

(b) the use or communication of protected information by a person who believes on reasonable grounds 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 (within the meaning of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth) of protected information that relates or appears to relate to activities prejudicial to security (within the meaning of that Act); or