QLDIn ForceAct
Public Safety Preservation Act 1986
sec.8ANPerson to be informed of relevant matters
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### sec.8AN Person to be informed of relevant matters
If a disclosure notice is given in writing, the notice must state the relevant matters.
If a disclosure notice is given orally, the relevant officer must, when giving the notice, tell the person to whom it is given the relevant matters.
In this section—
relevant matters , in relation to a disclosure notice given to a person (the stated person ), means each of the following—
an emergency situation has been declared to exist;
an information requirement has been made of the person mentioned in section 8AL (1) (a) (i) ;
it is an offence for the person of whom the information requirement is made not to comply with the information requirement unless the person has a reasonable excuse;
it is an offence for the person of whom the information requirement is made to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person—
tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and
if the person has, or can reasonably obtain, the correct information—gives the correct information;
it is an offence for the person of whom the information requirement is made to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;
the person of whom the information requirement is made, or a disclosure recipient, has been authorised to disclose an information matter to the stated person for the purpose of—
either—
for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or
for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or
seeking legal advice in relation to the information requirement, including about an offence against this division;
it is an offence for the stated person to disclose the information matter to an unauthorised person for the information matter unless the stated person has a reasonable excuse;
the maximum penalty for disclosing the information matter to an unauthorised person for the information matter, with and without a circumstance of aggravation;
the name, rank, registered number and station of the police officer giving the disclosure notice;
the contact details of a police officer who may be contacted about the information requirement or disclosure notice;
a stated police officer
a police officer performing a stated function
if the stated person wishes to disclose the information matter to another person, the stated person may ask the emergency commander, the police officer giving the disclosure notice or the police officer mentioned in paragraph (j) to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;
a police officer may give the stated person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing the information matter to other persons;
if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (l) , a police officer will inform the stated person when the emergency situation has ended.
s 8AN ins 2016 No. 42 s 28
(sec.8AN-ssec.1) If a disclosure notice is given in writing, the notice must state the relevant matters.
(sec.8AN-ssec.2) If a disclosure notice is given orally, the relevant officer must, when giving the notice, tell the person to whom it is given the relevant matters.
(sec.8AN-ssec.3) In this section— relevant matters , in relation to a disclosure notice given to a person (the stated person ), means each of the following— an emergency situation has been declared to exist; an information requirement has been made of the person mentioned in section 8AL (1) (a) (i) ; it is an offence for the person of whom the information requirement is made not to comply with the information requirement unless the person has a reasonable excuse; it is an offence for the person of whom the information requirement is made to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information; it is an offence for the person of whom the information requirement is made to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse; the person of whom the information requirement is made, or a disclosure recipient, has been authorised to disclose an information matter to the stated person for the purpose of— either— for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or seeking legal advice in relation to the information requirement, including about an offence against this division; it is an offence for the stated person to disclose the information matter to an unauthorised person for the information matter unless the stated person has a reasonable excuse; the maximum penalty for disclosing the information matter to an unauthorised person for the information matter, with and without a circumstance of aggravation; the name, rank, registered number and station of the police officer giving the disclosure notice; the contact details of a police officer who may be contacted about the information requirement or disclosure notice; a stated police officer a police officer performing a stated function if the stated person wishes to disclose the information matter to another person, the stated person may ask the emergency commander, the police officer giving the disclosure notice or the police officer mentioned in paragraph (j) to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose; a police officer may give the stated person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing the information matter to other persons; if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (l) , a police officer will inform the stated person when the emergency situation has ended.
- (a) an emergency situation has been declared to exist;
- (b) an information requirement has been made of the person mentioned in section 8AL (1) (a) (i) ;
- (c) it is an offence for the person of whom the information requirement is made not to comply with the information requirement unless the person has a reasonable excuse;
- (d) it is an offence for the person of whom the information requirement is made to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— (i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;
- (i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and
- (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;
- (e) it is an offence for the person of whom the information requirement is made to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;
- (f) the person of whom the information requirement is made, or a disclosure recipient, has been authorised to disclose an information matter to the stated person for the purpose of— (i) either— (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or (ii) informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or (iii) seeking legal advice in relation to the information requirement, including about an offence against this division;
- (i) either— (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
- (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or
- (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
- (ii) informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or
- (iii) seeking legal advice in relation to the information requirement, including about an offence against this division;
- (g) it is an offence for the stated person to disclose the information matter to an unauthorised person for the information matter unless the stated person has a reasonable excuse;
- (h) the maximum penalty for disclosing the information matter to an unauthorised person for the information matter, with and without a circumstance of aggravation;
- (i) the name, rank, registered number and station of the police officer giving the disclosure notice;
- (j) the contact details of a police officer who may be contacted about the information requirement or disclosure notice; Examples of a police officer who may be contacted about the information requirement or disclosure notice— • a stated police officer • a police officer performing a stated function
- • a stated police officer
- • a police officer performing a stated function
- (k) if the stated person wishes to disclose the information matter to another person, the stated person may ask the emergency commander, the police officer giving the disclosure notice or the police officer mentioned in paragraph (j) to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;
- (l) a police officer may give the stated person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing the information matter to other persons;
- (m) if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (l) , a police officer will inform the stated person when the emergency situation has ended.
- (i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and
- (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;
- (i) either— (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
- (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or
- (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
- (ii) informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or
- (iii) seeking legal advice in relation to the information requirement, including about an offence against this division;
- (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or
- (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
- • a stated police officer
- • a police officer performing a stated function