sec.8AJOffence for disclosure recipient to disclose information matter to unauthorised person

### sec.8AJ Offence for disclosure recipient to disclose information matter to unauthorised person During the period of an emergency situation, a disclosure recipient must not, without reasonable excuse— if the disclosure recipient is an authorised person for an information matter—disclose the information matter to an unauthorised person for the information matter; or if the disclosure recipient is an unauthorised person for an information matter—disclose the information matter to another unauthorised person for the information matter, knowing that, or being reckless as to whether, the person to whom the disclosure is made is an unauthorised person. Maximum penalty—40 penalty units or 1 year’s imprisonment. However, the disclosure recipient does not commit an offence against subsection (1) if— the disclosure recipient has been given a notice under section 8AK in relation to the information matter; or the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission. Also, the disclosure recipient does not commit an offence against subsection (1) (a) by disclosing to a person of whom an information requirement has been made— the fact the information requirement has been made of the person; or the nature of the information sought under the information requirement. A disclosure recipient commits a crime if the disclosure recipient commits an offence against subsection (1) in circumstances where the disclosure recipient— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, the disclosure of the information matter is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment. s 8AJ ins 2016 No. 42 s 28 (sec.8AJ-ssec.1) During the period of an emergency situation, a disclosure recipient must not, without reasonable excuse— if the disclosure recipient is an authorised person for an information matter—disclose the information matter to an unauthorised person for the information matter; or if the disclosure recipient is an unauthorised person for an information matter—disclose the information matter to another unauthorised person for the information matter, knowing that, or being reckless as to whether, the person to whom the disclosure is made is an unauthorised person. Maximum penalty—40 penalty units or 1 year’s imprisonment. (sec.8AJ-ssec.2) However, the disclosure recipient does not commit an offence against subsection (1) if— the disclosure recipient has been given a notice under section 8AK in relation to the information matter; or the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission. (sec.8AJ-ssec.3) Also, the disclosure recipient does not commit an offence against subsection (1) (a) by disclosing to a person of whom an information requirement has been made— the fact the information requirement has been made of the person; or the nature of the information sought under the information requirement. (sec.8AJ-ssec.4) A disclosure recipient commits a crime if the disclosure recipient commits an offence against subsection (1) in circumstances where the disclosure recipient— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, the disclosure of the information matter is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment. - (a) if the disclosure recipient is an authorised person for an information matter—disclose the information matter to an unauthorised person for the information matter; or - (b) if the disclosure recipient is an unauthorised person for an information matter—disclose the information matter to another unauthorised person for the information matter, knowing that, or being reckless as to whether, the person to whom the disclosure is made is an unauthorised person. - (a) the disclosure recipient has been given a notice under section 8AK in relation to the information matter; or - (b) the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission. - (a) the fact the information requirement has been made of the person; or - (b) the nature of the information sought under the information requirement. - (a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or - (i) seriously endanger the health or safety of any person; or - (ii) cause serious damage to property; or - (iii) cause serious pollution of the environment; or - (iv) seriously prejudice the effective management or resolution of the emergency situation; or - (b) knows that, or is reckless as to whether, the disclosure of the information matter is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation. - (i) seriously endanger the health or safety of any person; or - (ii) cause serious damage to property; or - (iii) cause serious pollution of the environment; or - (iv) seriously prejudice the effective management or resolution of the emergency situation. - (i) seriously endanger the health or safety of any person; or - (ii) cause serious damage to property; or - (iii) cause serious pollution of the environment; or - (iv) seriously prejudice the effective management or resolution of the emergency situation; or - (i) seriously endanger the health or safety of any person; or - (ii) cause serious damage to property; or - (iii) cause serious pollution of the environment; or - (iv) seriously prejudice the effective management or resolution of the emergency situation.